Ranjan Prasad @ Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42132 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -BAJPATTI District- SITAMARHI ====================================================== Ranjan Prasad @ Ranjan Kumar son of Late Shatrughan Prasad, resident of village- Bajpatti, near old Thana, P.S.- Bajpatti, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate For the State : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bajpatti P.S. Case No.176 of 2016 registered under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the petitioner is nephew of the informant and there is long standing land dispute between them. Two other brothers of the petitioner, who have also been made accused in the first information report, have already been granted pre-arrest bail by a Bench of this Court vide order dated 31.07.2017 passed in Cr. Misc. No.34077 of 2017. It is further contended that the injuries alleged to have been caused to the informant have been found

Patna High Court Cr.Misc. No.42132 of 2017 (2) dt.04-10-2017 2/2 simple in nature and, thus, there would be no application of Section 307 of the Code of Criminal Procedure. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. He submitted that since there is allegation that the accused persons intended to kill the informant, even if the injuries have been found simple, the ingredients of Section 307 of the Indian Penal Code would be attracted.

Be that as it may, considering the allegations made in the first information report and the submissions made above, the petitioner named above is directed to 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 S.D.J.M., Pupri at Sitamarhi in connection with Bajpatti P.S. Case No.176 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T