Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66997 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- GHOSI District- Jehanabad ====================================================== Ranjeet Kumar, Son of Jhunki Mochi, Resident of Village-Karhara, P.S.- Ghosi in the district of Jehanabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Ghosi P.S. Case No.237 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 379, 354, 504, 506 and 427, but later on Section 302 was added. The accused/petitioner is named in the first information report and is in custody since 14.05.2022. The allegation against the petitioner is to commit the murder of one Sukhari Choudhary, who is the member of the community of the informant along with co-accused persons by making an assault with lathi, rod etc., where injured died after nine days of the occurrence during the course of treatment, where occurrence appears to be founded over local disputes and
Patna High Court CR. MISC. No.66997 of 2022(2) dt.23-02-2023 2/3 differences and arises out of playing musics on the occasion of marriage ceremony to be held in Ravidas Tola. It is submitted by the learned counsel appearing on behalf of the petitioner that occurrence is nothing but a free fight, where members of both sides received injuries and, as such, it cannot be said that the petitioner was under intention to cause death of the deceased. It is also submitted that a counter case regarding same occurrence was lodged by petitioner's side, which was registered as Ghosi P.S. 238 of 2022. It is submitted that allegations as regard to assault is appearing general and omnibus in nature against the petitioner and moreover, petitioner is a man of clean antecedent, where investigation of this case has been completed, for which charge-sheet has already been submitted. As such, there is no chance of tampering with the evidence.
The learned Additional Public Prosecutor, while opposing the prayer for bail, submitted that it is case of collective assault.
In view of the above-mentioned facts and circumstances, as nature of allegations as regard to assault is appearing very general and omnibus, against petitioner coupled with the fact that charge-sheet has been submitted, the petitioner
Patna High Court CR. MISC. No.66997 of 2022(2) dt.23-02-2023 3/3 is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Jehanabad in connection with S.Tr. No.578 of 2022 arising out of Ghosi P.S. Case No.237 of 2022, subject to the conditions as mentioned under Section 437(3) of the Code of Criminal Procedure.
(Chandra Shekhar Jha, J.) Sanjeet/- U T