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Patna High CourtCR. MISC./56617/2023allowed

Ranjeet Singh v. The State Of Bihar

2023-09-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56617 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== 1.

RANJEET SINGH Son of Suresh Singh Resident of village - Rupsipur Jaoj, P.S. - Mahnar, Distt. - Vaishali 2.

Vinita Kumari @ Vinita Devi W/o Ranjeet Singh Resident of village - Rupsipur Jaoj, P.S. - Mahnar, Distt. - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 406, 420, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioners along with other accused persons are said to have assaulted informant and his son.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is specific overt act against the petitioners. He further submits that allegation of offence u/s 379 of I.P.C. seems to be super addition, as there is no allegation of any transaction of

Patna High Court CR. MISC. No.56617 of 2023(2) dt.15-09-2023 2/2 money against them. He also submits that in the learned Court below six persons have filed anticipatory bail and out of six persons four have been granted anticipatory bail and the anticipatory bail of the petitioners was rejected because they have suppressed criminal antecedent. Petitioners have one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mahnar P.S. Case No.104 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T