Allowed

Ranjan Kumar v. The State of Bihar

Patna HC25 Oct 2024CR. MISC./66274/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by thirteen petitioners fearing arrest in a Kahalgaon PS case involving assault allegations including an iron-rod attack causing fracture. The court found no specific allegation against them and allowed anticipatory bail with conditions under section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted; petitioners to surrender within four weeks and be released on bail bond of Rs. 10,000 with two sureties each.

Ranjan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66274 of 2024

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Arising Out of PS. Case No.-284 Year-2024 Thana- KAHALGAON District- Bhagalpur

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

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Ranjan Kumar S/O Kapildeo Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Kapildeo Mandal S/O Late Kuldip Mandal Resident of VillageSadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Upendra Mandal @ Upendxra Mandal S/O Late Kuldip Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Jugesh Mandal @ Yogesh Mandal S/O Late Kuldip Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Ajay Mandal S/O Late Kuldip Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Niwas Mandal @ Niwas Kumar Singh@ Nibhash Kumar Singh S/O Late Kuldip Mandal Resident of Village- Sadanandpur Baisa, Police StationKahalgaon, Distt.- Bhagalpur.

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Shubham Kumar S/O Upendra Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Rakesh Mandal @ Rajesh Mandal @ Rakesh Kumar S/O Jugesh Mandal @ Yogesh Mandal Resident of Village- Sadanandpur Baisa, Police StationKahalgaon, Distt.- Bhagalpur.

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Ankit Kumar S/O Jugesh Mandal @ Yogesh Mandal Resident of VillageSadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Rahul Kumar S/O Bindeshwari Mandal @ Bindesari Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.- Bhagalpur.

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Aman Kumar S/O Niwash Mandal @ Niwas Kumar Singh @ Nibhash Kumar Singh Resident of Village- Sadanandpur Baisa, Police StationKahalgaon, Distt.- Bhagalpur.

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Suman Kumar S/O Niwash Mandal @ Niwas Kumar Singh @ Nibhash Kumar Singh Resident of Village- Sadanandpur Baisa, Police StationKahalgaon, Distt.- Bhagalpur.

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Bindeshwari Mandal @ Bindeshari Mandal S/O Late Kuldip Mandal Resident of Village- Sadanandpur Baisa, Police Station- Kahalgaon, Distt.Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr.Navin Kumar Pandey, APP ======================================================

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Patna High Court CR. MISC. No.66274 of 2024(2) dt.25-10-2024 2/3

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 25-10-2024 Heard learned counsel for the petitioners and learned

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APP for the State.

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2. The instant application for anticipatory bail has

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been filed by the petitioners apprehending their arrest in connection with Kahalgaon P.S. Case no. 284 of 2024 instituted for the offence under Sections 147, 323, 341, 324, 307, 325, 504 and 506 of the Indian Penal Code.

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3. The prosecution case is that all the accused persons arrived at the plot of the informant and started assaulting him indiscriminately. The specific allegation is against one Ranjan Kumar is that he assaulted with ‘iron rod’ on the right hand of Purushtom Kumar, he got fractured injury.

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4. Learned counsel for the petitioners has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that there is also a counter case which was filed before the present one. On perusal of the FIR, it is clear that there is no specific allegation against these petitioner and it seems to be a case of free fight between the parties. It is further submitted that petitioner nos. 1 ,2 and 7 are having one criminal antecedent whereas rest of the petitioners have no criminal antecedent.

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Patna High Court CR. MISC. No.66274 of 2024(2) dt.25-10-2024 3/3

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5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

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6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Kahalgaon P.S. Case no. 284 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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(Ashok Kumar Pandey, J)

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Jagdish/-

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U T

Ranjan Kumar v. The State of Bihar

Case brief

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Ranjan Kumar v. The State of Bihar

Case brief

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