Niranjan Kumar @ Niranjan Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Niranjan Kumar @ Niranjan Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail privilege granted to all three appellants; the orders dated 08.12.2022 and 20.12.2022 of the Exclusive Special Judge, SC/ST, Gaya (ABP No. 295 of 2022) set aside; release on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, subject to the Section 438 (2) CrPC conditions.

Issue for consideration

Whether the appellants should be granted the privilege of anticipatory bail in connection with Wazirganj Police Station Case No. 364 of 2020, notwithstanding the rejection of their anticipatory bail application (ABP No. 295 of 2022) by the Exclusive Special Judge, SC/ST, Gaya.

Court's answer

Taking into consideration the case-and-counter-case situation arising out of a land dispute between the parties and the simple nature of the injuries inflicted on the informant, the court was inclined to grant the appellants the privilege of anticipatory bail.

Ratio / Principle

The appeal is allowed, and the orders dated 08.12.2022 and 20.12.2022 passed by the Exclusive Special Judge, SC/ST, Gaya, in ABP No. 295 of 2022 rejecting the appellants' anticipatory bail application are set aside.

Key takeaways

On arrest or surrender before the Court below within four weeks, the appellants are to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, SC/ST, Gaya, in connection with Wazirganj Police Station Case No. 364 of 2020, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.ratio¶¶26

Detailed headnote1 paragraphs

Patna High Court, Criminal Appeal (SJ) No. 492 of 2023, oral order dated 11-11-2024 delivered by Anil Kumar Sinha, J. Appeal under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 by three appellants (Niranjan Kumar @ Niranjan Singh, Ranjeet Kumar @ Ranjeet Kumar Singh, Fantoosh Kumar @ Ranjeet Singh) challenging the orders dated 08.12.2022 and 20.12.2022 of the Exclusive Special Judge, SC/ST, Gaya (ABP No. 295 of 2022) rejecting their anticipatory bail application in respect of Wazirganj Police Station Case No. 364 of 2020, disclosing offences under Sections 341/323/324/364/307/308/34 IPC and Section 3 (1)(r)(s)(x) SC/ST Act. Counsel for the appellants urged false implication owing to a land dispute, the existence of a counter-case (Wazirganj PS Case No. 359 of 2020) with the present FIR lodged as a counter-blast, simple nature of the informant's injuries (memo of appeal, para-16), and absence of any allegation of caste-name abuse in the FIR. Finding a case-and-counter-case situation due to land dispute and simple injuries to the informant, the court inclined to grant anticipatory bail: the appeal was allowed and the impugned orders set aside; the appellants are to be released on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.492 of 2023

Arising Out of PS. Case No.-364 Year-2020 Thana- WAJIRGANJ District- Gaya

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NIRANJAN KUMAR @ NIRANJAN SINGH Son of Awadhesh Singh R/VKhiriyawan, P.S- Wazirganj, Dist- Gaya

Ranjeet Kumar @ Ranjeet Kumar Singh Son of Gopal Singh R/VKhiriyawan, P.S- Wazirganj, Dist- Gaya

Fantoosh Kumar @ Ranjeet Singh Son of Jhulan Singh R/V- Khiriyawan, P.S- Wazirganj, Dist- Gaya

... ... Appellant/s

Versus

The State of Bihar

Birendra Manjhi Son of Naresh Manjhi R/V- Khiriyawan, P.S- Wazirganj, Dist- Gaya

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr. Usha Kumari 1 ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

6 11-11-2024 1. Heard learned Counsel for the appellants and learned Additional Public Prosecutor for the State.

2. An order, dated 08.12.2022 and 20.12.2022, passed by learned Exclusive Special Judge, SC/ST, Gaya, in ABP No. 295 of 2022, is under challenge in the present appeal preferred under Section 14-A (2) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, whereby the anticipatory bail application of the appellants in connection with Wazirganj Police Station Case No. 364 of 2020 disclosing offences under Sections 341/323/324/364/307/308/34 of the Indian Penal Code

Patna High Court CR. APP (SJ) No.492 of 2023(6) dt.11-11-2024 2/3

and Section 3 (1) (r) (s) (x) SC/ST Act, has been rejected.

3. The prosecution case, as per the First Information Report, is that on 02.08.2022, at about 07:00 PM, the informant had assaulted the father of the appellant no. 3 by means of spade due to which he sustained cut injury on his hand. Thereafter, the appellants, along with 40 to 50 persons, arrived at the house of the informant, took him near the bridge and assaulted him. In the process, the appellants tied the neck of the informant with a towel.

4. Learned Counsel for the appellants submits that the appellants have falsely been implicated in the present case due to land dispute between the parties, which would be evident from the opening line of the First Information Report that the informant had assaulted the father of the appellant no. 3 by means of spade. He next submits that Wazirganj Police Station Case No. 359 of 2020 was filed by the side of the appellants against the informant and others, thereafter, the present First Information Report has been lodged as a counter-blast. He further submits that injury caused to the informant is simple in nature as stated in paragraph-16 of the memo of appeal. There is no allegation of calling the informant by his caste name in

Patna High Court CR. APP (SJ) No.492 of 2023(6) dt.11-11-2024 3/3

the First Information Report.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is case and counter-case due to land dispute and injury caused to the informant is simple in nature, I am inclined to grant the appellants privilege of anticipatory bail.

6. This appeal is, accordingly, allowed and the order, dated 08.12.2022 and 20.12.2022, passed by learned Exclusive Special Judge, SC/ST, Gaya, in ABP No. 295 of 2022, is set aside.

7. Let the appellants, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST, Gaya, in connection with Wazirganj Police Station Case No. 364 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

ashwani/-

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