Niranjan @ Gung @ Bhagat @ Rajiv Ranjan Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76485 of 2025 Arising Out of PS. Case No.-327 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Niranjan @ Gung @ Bhagat @ Rajiv Ranjan Bhagat S/o Late Baram Bhagat R/o Village - Patut, P.S - Rani Talab, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Prasad Yadav, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Rani Talab P.S. Case No. 327/2024 instituted under Sections 126(2),115(2), 109, 117(2), 74, 3(5) of the BNS, 2023 lodged on 23.08.2024 by the informant.
3. The prosecution case, in brief, is that on 23.08.2024 , the accused persons came to the informant's house and alleged that he disturbed the electricity in their house. When the informant denied their allegation, the accused persons started abusing and assaulting him. Niranjan Bhagat (petitioner) assaulted informant's son namely, Santosh Kumar with iron rod and caused head injury to him. Accused, Rajnish and Suraj assaulted Santosh Kumar with lathi and fractured his hand. All accused persons together assaulted all family members of the
2/4 informant. In the occurrence, the informant, Santosh Kumar, Vinay Kumar and Sejal Kumari got injuries. After the occurrence, the injured persons got treatment in Aspura PHC and after first aid, they were referred to another hospital. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the petitioner being agnate of the informant has falsely been implicated in this case due to the land dispute and he has not committed any offence as alleged in the FIR. It has next been submitted that the allegation of assault is against Rajnish and Suraj and the injuries caused by them have been found to be simple in nature. While allegation levelled against this petitioner to assault over the head of son of the informant namely, Santosh Kumar is not corroborated with the injury report as annexed at Annexure-3 of the present application for anticipatory bail and same is found to be simple in nature. This fact has also been recorded in the order impugned. It has further been submitted that there is a counter version to the entire incident which is recorded as Rani Talab PS Case No. 326 of 2024 dated 23.08.2024 wherein the petitioner and his family are also said to have sustained simple injuries.
5. Learned APP vehemently opposes the prayer for
3/4 anticipatory bail.
6. Considering the submission of the parties and the facts that both the sides have sustained injuries and there is a case and counter case between the parties and the petitioner has got no criminal antecedent, this Court is inclined to extend the petitioner the privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of their arrest or surrender before the subordinate court within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with aforesaid P.S. Case to the satisfaction of Mr. V.K. Singh, learned Judicial MagistrateDanapur, Patna subject to the conditions as laid down under Section 482(2) of the BNSS as also subject to the following conditions:- (i) one of the bailors should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners 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 petitioners shall co-operate in
4/4 the investigation and make themselves available to the police as and when required;
(iv) the petitioners 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. (Ajit Kumar, J) perwez U T