Ranjeet Kumar @ Ranjeet Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3346 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- PARWALPUR District- Nalanda ====================================================== 1.
RANJEET KUMAR @ RANJEET PRASAD SON OF SADHUSHARAN PRASAD RESIDENT OF VILLAGE - VIJAYPURA, P.O. - ALAWAN, P.S. - PARWALPUR, DISTRICT - NALANDA, BIHAR 2.
SADHUSHARAN PRASAD SON OF LATE DINANATH PRASAD RESIDENT OF VILLAGE - VIJAYPURA, P.O. - ALAWAN, P.S. - PARWALPUR, DISTRICT - NALANDA, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Parwalpur P.S. Case No. 123/2023 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 448, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of two cases and the petitioner no.2 has antecedent of one case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that though there is allegation of indiscriminate firing
Patna High Court CR. MISC. No.3346 of 2024(2) dt.12-02-2024 2/3 but then no one was injured. It is also submitted that against petitioner no.1, it is alleged that he broke the lock of the Godrej and took out Rs. 20,000/- and a gold chain, while petitioner no.2 is alleged to have been waiving a pistol and was firing indiscriminately and gave orders to murder and commit loot. The learned counsel thus submits that in the F.I.R. six accused persons have been named and the petitioners and the informant are agnates and are having land dispute. It is next submitted that the allegation of firing is ornamental as no empty cartridges were found from the place of occurrence, when the allegation is of indiscriminate firing. It is also submitted that since there is a land dispute between the parties, hence the present false case came to be instituted with a view to coerce the accused persons including the petitioners into submission.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.3346 of 2024(2) dt.12-02-2024 3/3 amount each to the satisfaction of the learned C.J.M., Nalanda in connection with Parwalpur P.S. Case No.123/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T