Allowed

Ranjan Kumar v. The State of Bihar

Patna HC28 Aug 2024CR. MISC./51929/2024

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail in a case arising from an alleged assault while concealing illicit liquor, with allegations of firing that injured the informant. Noting a counter case and possible self-defence in protecting his sister, the court granted pre-arrest bail with conditions under Section 438(2) CrPC.

What did the court decide?

Pre-arrest bail on bond of Rs.10,000 with two like sureties before SDJM Jehanabad, subject to Section 438(2) CrPC conditions.

Ranjan Kumar Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51929 of 2024

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Arising Out of PS. Case No.-367 Year-2023 Thana- KAKO District- Jehanabad

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

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Ranjan Kumar, aged about 23 years, Male, Son of Nageshwar Yadav, R/o Village-Devraj Bigha, P.S.- Kako (Bhelawar OP), District- Jehanabad

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Samrendra Jha, Advocate For the Opposite Party/s : Mr.Rajendra Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 28-08-2024

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Heard Mr. Samrendra Jha, learned counsel appearing

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on behalf of the petitioner and Mr. Rajendra Singh, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Kako (Bhelawar OP) P.S. Case No. 367 of 2023 registered for the offence(s) punishable under Sections 147, 148, 149, 341, 323, 307, 379, 448, 504 of the Indian Penal Code and Section 27 of the Arms Act.

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As per the allegation made in the FIR, all the accused persons named therein tried to camouflage drum of illicit liquor in the field of Sudama Yadav and when the same was protested, all the accused persons including the petitioner assaulted Sudama Yadav, informant and other persons.

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Learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.51929 of 2024(2) dt.28-08-2024 2/3

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petitioner submitted that no such incidence has taken place and allegation against the petitioner is that he fired upon Sudama, which hit his hand causing injury, not with an intention to kill him, even accepting the allegation to be correct. Learned counsel further submitted that there is case and counter case arising out of same incidence and real cause of incidence is that the sister of the petitioner was molested by the informant’s sides and as a result of the same, in the self-defence and to protect his sister, petitioner may have caused some injury upon the person of the victim/Sudama Yadav.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the nature of allegation made in the FIR and also the fact that there is case and counter case between the parties and petitioner in the self-defence and to protect his sister, may have caused some injury upon the victim/Sudama Yadav, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

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The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

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Patna High Court CR. MISC. No.51929 of 2024(2) dt.28-08-2024 3/3

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Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Jehanabad in connection with Kako (Bhelawar OP) P.S. Case No. 367 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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Sanjay/-

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U T

Ranjan Kumar v. The State of Bihar

Case brief

What is this about?

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Ranjan Kumar v. The State of Bihar

Case brief

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