Ranjeet Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64360 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== 1.
Ranjeet Ojha Son of Pramod Ojha Resident of Village - Ahirauliya, P.S.- Ramgarhwa, District - East Champaran.
2.
Anmol Ojha Son of Pramod Ojha Resident of Village - Ahirauliya, P.S.- Ramgarhwa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakil Ahmad Khan For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 324, 325, 307 and 504/ 34 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that while he was preparing the land for installing hand-pump, when accused persons came variously armed on 09.06.2024 at 11.30 A.M. and started abusing. Further, Anmol assaulted him by an iron rod causing injury on left hand. On alarm, Pradeep and Guddu came to save him, when Vinod assaulted Pradeep by farsa causing injury on head and Ranjit
Patna High Court CR. MISC. No.64360 of 2024(2) dt.17-10-2024 2/3 assaulted Guddu by spear causing injury on left wrist.
4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is also submitted that petitioners and the informant are related and are Gotias. It is next submitted that in nature of allegation and assault the case would fall under Section 325 of the I.P.C. and not under Section 307 of the I.P.C. It is also submitted that Section 325 I.P.C. is bailable. It is next submitted that even presuming what has been alleged is true without admitting, then the assault is not on vital part of the body and petitioners are not criminals.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Ramgarhwa P.
Patna High Court CR. MISC. No.64360 of 2024(2) dt.17-10-2024 3/3 S. Case No.134 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T