Rajiv Ranjan Agarwal @ Rajiv Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6212 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- DHANARUA District- Patna ====================================================== Rajiv Ranjan Agarwal @ Rajiv Ranjan S/o Ramji Singh, R/o Village-Deokali, P.S. Dhanarua, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arunkumar Bhagat, Advocate For the Opposite Party/s :
Mr. Ramji Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard the parties.
2. The petitioner is in judicial custody in connection with Dhanrua P.S. Case No. 301 of 2023 for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code lodged on 04.06.2023 by the informant, Mukesh Kumar.
3. As per the prosecution story, the informant alleged that while he was sitting at the door, unknown persons came and started abusing then this petitioner and Gyan Ranjan ordered one Sonu Kunwar to open fire which passed over the head of Rakesh Kumar. Further, the allegation against this petitioner and Gyan Ranjan is of assaulting Sushant Verma by 'garasa' on his head. This led to injury and the FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.6212 of 2024(6) dt.02-08-2024 2/3 there is case and counter case and the case of the petitioner is earlier to the present case, scuffled took place between the parties which led to certain injuries and further, the injury report does not show the same to be grievous rather opinion was reserved. Further, he will be diligently appearing in trial, if released on bail.
5. Learned counsel for the informant opposes the prayer submitting that allegation against this petitioner alongwith Gyan Ranjan is of assaulting by 'garasa' on the head.
6. Though the allegation is there, the petitioner is in custody since 31.10.2023, he will be diligently appearing in trial as undertaken, there is case and counter case as has been informed, Gyan Ranjan has already been extended the benefit by the learned Session Judge itself, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Masaurhi, in connection with Dhanrua P.S. Case No. 301 of 2023 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.6212 of 2024(6) dt.02-08-2024 3/3 document to show his/her bona fide;
(ii) the petitioner 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 his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner 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 shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T