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Patna High CourtCR. MISC./69255/2024partly allowed disposal

Ranjeet Singh @ Ranjeet Kumar v. The State Of Bihar

2025-03-22Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69255 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- DHANARUA District- Patna ====================================================== 1.

Ranjeet Singh @ Ranjeet Kumar S/O Kailash Singh R/O May Maner, P.SDhanarua, Distt.- Patna. 2.

Rahul Kumar S/O Ranjeet Singh R/O May Maner, P.S- Dhanarua, Distt.- Patna.

3.

Rohit Kumar S/o Ranjeet Singh R/O May Maner, P.S- Dhanarua, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate Mr. Anshul Aryan, Advocate Mr. Aditya Raj Singh, Advocate Mr. Aditya Pandey, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Heard Learned Counsel for the petitioners, Learned APP for the State and Learned Counsel for Opposite Party No.2.

2. The petitioners are apprehending arrest in connection with Dhanarua P.S. Case No. 187 of 2024 lodged on 14.04.2024, for the offences punishable under Sections 448, 341, 323, 325, 326, 307, 379, 504 & 34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against five named accused persons (including the present petitioners) and four unknown persons against whom there is allegation that

2/4 they have entered in the house of the informant and brutally assaulted the informant and his son due to which they were badly injured and subsequently, informant's son was admitted in the ICU ward of the hospital. It has also been alleged in the FIR that wife and daughter of petitioner no.1 have snatched golden chain from the informant's wife.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that for the same date and place of occurrence, there is case and counter case i.e. one case has been lodged from the petitioners' side bearing Dhanarua P.S. Case No. 186 of 2024 and one case has been lodged from the informant's side bearing Dhanarua P.S. Case No. 187 of 2024. Counsel further submits that from the conjugal reading of both the FIRs, a different story has come. Both the informant and accused persons of both the cases are landlords of the same locality and scuffling took place between them because of renter. Counsel further submits that petitioners have no criminal antecedent and they are ready to fulfill all the conditions whatsoever shall be imposed upon them.

5. Learned Counsel for Opposite Party No.2 submits that Counsel for the petitioners has made false submission that

3/4 petitioners have no criminal antecedent.

6. Learned Counsel for the petitioners after raising the plea by Counsel for Opposite Party No.2 that criminal antecedent of the petitioners are not clean submits that a supplementary affidavit has already been filed in this case in which it has been clearly mentioned that there is one criminal case pending against petitioner no.1 namely, Ranjeet Singh @ Ranjeet Kumar.

7. Learned Counsel for Opposite Party No.2 submits that petitioners have not come before this Court in the present anticipatory bail application with clean hands. Counsel for O.P. No.2 has provided the photocopy of the certified copy bearing Dhanarua P.S. Case No. 275 of 2021 in which FIR has been lodged against Ranjeet Singh @ Ranjeet Kumar (petitioner no.1) and Rahul Kumar (petitioner no.2), whereas, Counsel for the petitioners has shown and submits that there is criminal antecedent of petitioner no.1 only. Counsel for O.P. No.2 further submits that Counsel for the petitioners has suppressed the fact about the criminal antecedent of petitioner no.2.

8. Learned APP for the State opposes the prayer for bail of the petitioners.

9. As such, considering the aforesaid facts and

4/4 circumstances, let the above named petitioner no.3 namely, Rohit Kumar be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Masaudhi, Patna, in connection with Dhanarua P.S. Case No. 187 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

10. So far as the case of petitioner nos.1 and 2 are concerned and upon going through the FIR, specific allegation has been made against petitioner no.1 and suppression has been made by petitioner no.2 about his criminal antecedent, therefore, this Court is not inclined to grant bail to them. Accordingly, the prayer for anticipatory bail of the petitioner no.1 namely, Ranjeet Singh @ Ranjeet Kumar and petitioner no.2 namely, Rahul Kumar are hereby rejected.

(Dr. Anshuman, J) Divyansh/- U T