Aashish Ranjan @ Aashish Aryan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84556 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Aashish Ranjan @ Aashish Aryan Son of Beer Bahadur Rai @ Birbahadur Prasad Village- Mohanpur PS- Patori Mohanpur O.P., District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Mohiuddinnagar P.S. Case No. 111 of 2023, dated 26.04.2023, registered for the offences punishable under Sections 341, 342, 448, 332, 333, 353, 427, 323, 324 and 34 of the Indian Penal Code.

3. As per the allegation, the petitioner is a Press Reporter and he had entered into the Panchayat Bhawan with mic and mobile to record the proceeding and when he was prohibited by the informant, the petitioner got aggressive and assaulted the Mukhiya candidate, Subhash Kumar Chaudhary.

Patna High Court CR. MISC. No.84556 of 2024(2) dt.11-12-2024 2/3

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, this case has been filed by the informant as a counterblast of Mohiuddinnagar P.S. Case No. 113 of 2023 which was lodged by the petitioner against the informant. He further submits that as per injury report, injury sustained by Subhash Kumar Chaudhary is simple in nature.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has one criminal antecedent.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld.

Patna High Court CR. MISC. No.84556 of 2024(2) dt.11-12-2024 3/3 Judicial Magistrate, 1st Class, Samastipur, in connection with Mohiuddinnagar P.S. Case No. 111 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any additional criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Guddu/- U T