In an anticipatory bail application regarding a rash polygamy and murder case, the High Court of Patna granted anticipatory bail to the petitioner upon furnishing a bond and two sureties.
Anticipatory bail granted in PS. Case No.23 of 2022 subject to bond of Rs.10,000 with two sureties and conditions under Section 438(2) Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2732 of 2023
Arising Out of PS. Case No.-23 Year-2022 Thana- SURYAGARHA District- Lakhisarai
======================================================
RAHUL RANJAN SON OF SRI SATYANAND NIRALA R/O VILLAGEKHEMTARNI ASTHAN, P.S.- SURYGARHA, DISTRICT- LAKHISARAI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Rabi Bhushan Prasad No. 1 For the Opposite Party/s : Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 24-01-2023
Heard learned counsel for the petitioner as well as learned APP for the State.
The petitioner apprehends his arrest in connection with Suryagarha P.S. Case No. 23 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 427, 354, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
At the very outset, learned counsel for the petitioner has submitted that inadvertently in paragraph No. 1 of the bail petition, Section 27 of the Arms Act was left to be mentioned.
Let it be rectified in course of the day.
As per allegation, 19 named accused persons equipped with lathi, sticks, iron rod, rifle and gun attacked the members of prosecution party, when the informant was going to
Patna High Court CR. MISC. No.2732 of 2023(2) dt.24-01-2023 2/3
hoist the flag being Mukhiya of the village. It is further alleged that at the order of Satyanand Nirala, co-accused Nikhil Kumar assaulted Munshi Yadav on his head with butt of the pistol. Sanjay Kumar assaulted Govind Kumar with lathi and Ankaj Kumar assaulted Bahadur Yadav with lathi on his hand. Nityanand Yadav opened fire by his rifle but the members of prosecution side saved their lives after fleeing away from the place of occurrence. Thereafter, the accused persons pelted stones and bricks and made them injured.
Learned counsel for the petitioner has submitted that the petitioner is innocent. He is a driver and on the day of occurrence, he was not present in the village and he has falsely been implicated. He has also submitted that the petitioner is a person of clean antecedent.
On the other hand, learned Addl.P.P. has opposed the prayer for bail.
It appears that the allegation against the petitioner is general and omnibus and he is a person of clean antecedent.
Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.2732 of 2023(2) dt.24-01-2023 3/3
10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Civil Court, Lakhisarai in connection with Suryagarha P.S. Case No. 23 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J)
SONALI/-
U T
2 issues framed by the court
Whether the petitioner, accused in an explosive riot case, is entitled to anticipatory bail on grounds of innocence and clean antecedents.
Whether the petitioner, not present on the day of occurrence, can be implicated in general allegations.
2 provisions across 2 enactments
Rahul Ranjan
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
