Ranjan Kumar @ Ranjan Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58201 of 2023 Arising Out of PS. Case No.-53 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== RANJAN KUMAR @ RANJAN MANDAL S/O LATE SHRAWAN MANDAL R/O RAMTALIGANJ, P.S- KAJRA, DISTT.- LAKHISARAI. ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajanan Mishra For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Kajra P.S. Case No. 53 of 2021 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
3. As per prosecution case, petitioner is said to have assaulted the informant by means of Bijjar (a pointed weapon) on his back and waist.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the F.I.R. There is a case and counter case between both the parties on account of land dispute. In the cases of land dispute, facts are generally exaggerated to frame the allegation against
Patna High Court CR. MISC. No.58201 of 2023(2) dt.22-09-2023 2/3 the persons who were associated with bonafide land dispute. Learned counsel further submits that one Kajra P.S. Case No. 52 of 2021 was filed earlier by the petitioner for the same date of occurrence against the informant and others under section 302 alongwith other allied sections and the petitioner is himself a sufferer of that case as the informant side committed murder of petitioner's father and in same breath learned counsel states that petitioner bears one criminal antecedent bearing Kajra P.S. Case No. 31 of 2017 which is between the same parties. The present case is nothing but counter blast of the case filed by the petitioner and in both cases, both sides sustained injuries though there is allegation against the petitioner that he has assaulted thrice upon the informant by means of Bijjar (a pointed weapon) but the injury report does not corroborate the prosecution story. Learned counsel further submits that where there is a case and counter case free fighting cannot be ignored.
5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender
Patna High Court CR. MISC. No.58201 of 2023(2) dt.22-09-2023 3/3 before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Lakhisarai in connection with Kajra P.S. Case No. 53 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J) amitkr/- U T