Ratneshwar Nandan @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66533 of 2025 Arising Out of PS. Case No.-304 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.
Ratneshwar Nandan @ Munna S/o- Late Jai Ram Singh R/o VillageMuraul, P.S.- Maniyari, District- Muzaffarpur 2.
Ghanshyam Singh @ Ghan Shayam Singh S/o- Late Kaleshwar Singh R/o Village- Muraul, P.S.- Maniyari, District- Muzaffarpur 3.
Raja Babu Singh @ Raja Babu @ Raja Babu Jairam Singh S/o- Late Jai Ram Singh R/o Village- Muraul, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP For the opposite party no.2 Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-01-2026 Heard Mr. Krishna Prasad Singh, learned Senior Counsel for the petitioners, Mr. Arvind Kumar, learned counsel for the opposite party no.2 and Mr. Narendra Kumar Singh, learned APP for the State.
2. The petitioners are apprehending arrest in connection with Maniyari P.S. Case No.304 of 2024 instituted under Sections 126(2), 115(2), 76, 303(2), 352, 109, 351(2), 3(5) of Bhartiya Nayay Sanhita, 2023 lodged on 09.12.2024 by the informant, Ajit Kumar.
3. As per the prosecution story, the informant alleged
2/5 that firstly the petitioner no.3, Rajababu Singh called the informant and when he came out, he pointed his pistol on the temporal region and thereafter, allegation is that Ghanshyam Singh (petitioner no.2) inflicted farsa blow on the head which followed iron rod injury to him. The petitioner no.1 Ratneshwar Nandan tried to suffocate him by sitting on the chest. As the locals arrived, putting fire on the hush of hay, the accused retreated. This followed the FIR.
4. In this case, the coordinate bench had called for the case diary and the injury report which is on record and it shows fracture of nosal bone beside injury on the head.
5. Learned Senior Counsel for the petitioners submit that land dispute is there and as such all of them have been implicated. Specific roles have been attributed to Ghanshyam Singh and Abhishek Sharma where injuries have been found to be grievous in nature. So far as petitioner no.1, Ratneshwar Nandan and petitioner no.3, Raja Babu Singh are concerned, allegation of putting revolver on the temporal region as also sitting on the chest is/are alleged, no such injury has been recorded. Petitioner nos.1 and 3 have no criminal antecedent while petitioner no.2 has criminal antecedent.
6. Learned counsel for the opposite party no.2
3/5 opposes the prayer submitting that with common intention they attacked. Main role has been attributed to Ghanshyam Singh and Abhishek Sharma. Thus, considering the allegation that has come against petitioner no.2, Ghanshyam Singh, no relief can be extended to him and the anticipatory bail application against him stands rejected.
7. So far as the petitioner no.1, Ratneshwar Nandan @ Munna and petitioner no.3, Raja Babu Singh @ Raja Babu are concerned, though their presence have been shown and roles also assigned, no such injury has been found, they do not have criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
8. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Maniyari P.S. Case No.304 of 2024 to the satisfaction of learned ACJM-8th West Muzaffarpur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner no.1, Ratneshwar Nandan @
4/5 Munna and petitioner no.3, Raja Babu Singh @ Raja Babu who shall provide official document (Aadhar Card/Driving License/Voter ID/Pan Card etc.) to show his/her bona fide; (ii) the petitioner no.1, Ratneshwar Nandan @ Munna and petitioner no.3, Raja Babu Singh @ Raja Babu shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioner no.1, Ratneshwar Nandan @ Munna and petitioner no.3, Raja Babu Singh @ Raja Babu shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds;
(iv) the petitioner no.1, Ratneshwar Nandan @ Munna and petitioner no.3, Raja Babu Singh @ Raja Babu shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner no.1, Ratneshwar Nandan @ Munna and petitioner no.3, Raja Babu Singh @ Raja Babu shall desist
5/5 from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Rajiv Roy, J) Ravi/- U T