Ranjay Kumar @ Ranjit Kumar @ Ranjo @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58303 of 2023 Arising Out of PS. Case No.-185 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== RANJAY KUMAR @ RANJIT KUMAR @ RANJO @ MANISH KUMAR son of Sri Lalo Saw Village- Minjaur Po- Manjaur Ps-Warisaliganj DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Warisaliganj Police Station Case No. 185 of 2021, dated 14.05.2021, disclosing offences punishable under Sections 341/323/307/448/379/354-B/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 03.05.2021, while the husband of the informant was sitting in his house, all the accused persons, seven in numbers, entered into the house of the informant and started abusing and dragged her husband outside the house and assaulted him by means of lathi, khanti and

Patna High Court CR. MISC. No.58303 of 2023(3) dt.27-02-2024 2/3 when the informant came to save him, then the petitioner and one Monu Kumar assaulted the informant, snatched her golden chain and also torn her clothes.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story and delayed First Information Report, inasmuch as the occurrence has taken place on 03.05.2021 and the First Information Report has been lodged on 14.05.2021, i.e. after a delay of eleven days. The allegation against the petitioner is general and omnibus in nature. Co-accused Monu Kumar, who has allegedly snatched the golden chain and torn the clothes o the informant along with the petitioner has been exonerated by the police in the final form. Both the parties are agnates and there is dispute regarding drainage between them. On the own admission of the informant, her husband was treated in a private hospital and no injury report has been produced by the prosecution and all other co-accused persons have been granted anticipatory bail by co-ordinate benches of this Court.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that

Patna High Court CR. MISC. No.58303 of 2023(3) dt.27-02-2024 3/3 both the parties are agnates, there is eleven days' unexplained delay in lodging of the First Information Report, the prosecution has not brought on record the injury report of the informant's husband, the allegation is general and omnibus in nature and other co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Warisaliganj Police Station Case No. 185 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √