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Patna High CourtCR. MISC./6168/2024bail granted

Ranjit Yadav v. The State Of Bihar

2024-04-04Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6168 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== 1.

Ranjit Yadav S/o Musafir Yadav @ Mufasir Rai R/o vill - Buddha Colony, in front of house of Ex DGP, W H Khan, P.S. - Buddha Colony, Distt. - Patna 2.

Mithilesh Kumar Son of Yogendra Rai R/o vill - Dost Nagar, P.s. - Maner, Distt. - Patna 3.

Sunil Kumar Son of Girja Rai R/o vill - Beyapar High School, Lodipur, P.S. - Maner, Dist. - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Sinha For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioners seek bail in connection with Buddha Colony P.S. Case No.724 of 2023 registered for the offence under Sections 341, 323, 426, 379, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. 3.

Allegation against the petitioner is to have assaulted the informant by means of bricks and it is further alleged that the accused persons have demanded amount of Rs.80,00,000/- from the informant and due to non-fulfillment of the same the accused persons tried to dispossesses the

Patna High Court CR. MISC. No.6168 of 2024(3) dt.04-04-2024 2/3 informant and started demolishing the boundary wall and also snatched cash of Rs.4,000/- to Rs.5,000/- etc. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that admittedly there is land dispute in between the parties. It is submitted that all the sections are bailable except Section 379 and 307 of the Indian Penal Code and Section 27 of the Arm Act and no offence under Sections 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act is made out against these petitioners as there is no specific allegation against against these petitioners. It is further submitted that these petitioners are in custody since 12.11.2023, where, petitioner no.2 and 3 have no criminal antecedent.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioners. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioners, let all these petitioners, above named, are directed to be released on bail, after framing of the charge, in connection with Buddha Colony P.S. Case No.724 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

Patna High Court CR. MISC. No.6168 of 2024(3) dt.04-04-2024 3/3 the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna.

7.

However, petitioner have to present physically on each and every date before the Trial Court till conclusion of the trial of this case and if the petitioners would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioners shall be cancelled by the learned trial court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T