Rajiv Ranjan @ Rajeev Ranjan @ Dimpal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58030 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- JAKKANPUR District- Patna ====================================================== Rajiv Ranjan @ Rajeev Ranjan @ Dimpal S/O Lala Babu Paswan Resident Of Chhoti Pahari Rasida Chak Sampatchak, Ps. Agamkuan, Dist. Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s :
Mr. Neerad Parashar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 10.03.2023 in connection with Jakkanpur P.S. Case No. 163 of 2023, F.I.R. dated 09.03.2023 for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and 27 Arms Act.
3. According to prosecution case, the informant was coming from Mohalla Kadam Gali to Sipara Road and when he reached to cross Road of Kadamgali with his Kwid vehicle then one white color Scorpio was coming from the direction of Sipara Road. Both the vehicles came face to face near cross road, there were four- five persons sitting in the Scorpio, they get down and started shouting and threatened at the informant, otherwise it will be bad, that bring the informant's Kwid car
Patna High Court CR. MISC. No.58030 of 2023(3) dt.21-09-2023 2/3 back, while the informant was still talking one of the persons who came out from the Scorpio in an inebriated condition namely Guddu Kumar and his friends started abusing him. Meanwhile all the accused persons altogether pulled the informant out of the car by opening the gate and some of them fired two shots of bullet at the head of the informant, which hit the informant on the head, forehead and informant fell down and all the accused persons fled from the spot. The informant was injured and he was taken to Ruban Hospital for treatment and then informed to the relatives about the occurrence. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case and the allegation as alleged in the FIR is false and fabricated and petitioner has not committed any offence as alleged in the FIR.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the co-accused namely Ranjan Kumar @ Guddu Kumar and the petitioner have fired upon the informant and the injury report of the victim suggests that the injuries are grievous in nature caused by the
Patna High Court CR. MISC. No.58030 of 2023(3) dt.21-09-2023 3/3 firearm injury and in the seizure list two empty cartridges were found at the place of the occurrence and apart from the aforesaid the petitioner has carries two more cases other than the present one.
6. Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Jakkanpur P.S. Case No. 163 of 2023 pending in the court of learned ACJM, VIII, Patna.
8. Prayer is refused.
(Rajesh Kumar Verma, J) Prakash Narayan U T