Allowed

Ranjan Kumar v. The State Of Bihar

Patna HC6 Jul 2017CR. MISC./22657/2017

Case brief

AI extract

What is this about?

In a criminal miscellaneous application, the Patna High Court granted bail to the petitioner apprehending arrest under the Indian Penal Code and Prevention of Damage to Property Act. The order emphasized negligence and lack of direct evidence, aligning the petitioner's situation with a co-accused who had already been released on bail.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000 with two sureties of like amount each within four weeks.

Ranjan Kumar Vs The State Of Bihar — Contract and Commercial Disputes | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22657 of 2017

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Arising Out of PS.Case No. -53 Year- 2016 Thana -VALMIKINAGAR DistrictWESTCHAMPARAN(BETTIAH)

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====================================================== Ranjan Kumar, S/o Narsingh Prasad, Junior Engineer Gandak Baraz, resident of Village - Mahuari, P.S. - Naukha, District - Rohtas.

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.... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

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3 06-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

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The petitioner apprehends his arrest in connection with Valmikinagar P.S. Case No. 53 of 2016, registered for the offences punishable under Sections 287 of the Indian Penal Code and Section 3 of the Prevention of Damage to Property Act, 1984.

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Allegedly, due to negligence of the petitioner and others excess water flew causing damage to the public property.

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Submission is of false implication and that there is no direct evidence regarding damage etc. Others were also responsible and at worst, it my be a case of negligence of a government Servant and not a case of criminal liability. Similarly situated co-accused Abhimanyu Sharma has been allowed pre-

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Patna High Court Cr.Misc. No.22657 of 2017 (3) dt.06-07-2017

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2/2

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arrest bail vide Cr. Misc. No. 49793 of 2016 vide order dated 09.12.2016 by another co-ordinate bench of this Court and, as such, the petitioner deserves sympathetic consideration.

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The learned A.P.P. is not in a position to distinguish the case of the petitioner from that of co-accused.

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In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Sri Sandip Patel, Judicial Magistrate 1^st Class, Bagha, West Champaran, in connection with Valmikinagar P.S. Case No. 53 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

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(Jitendra Mohan Sharma, J.)

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Rajiv/-

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U T

Ranjan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ranjan Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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