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Patna High CourtCR. MISC./6969/2020bail granted

Ranjan @ Badmas v. The State Of Bihar

2020-06-26Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 6969 of 2020 Arising Out of PS. Case No.-276 Year-2018 Thana- CHHATAUNI District- East Champaran ====================================================== RANJAN @ BADMAS, son of Rajendra Mahto Resident of Village - Gusiyar, P.S.- Sangrampur, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms Rashmi Jha, Advocate For the Opposite Party/s :

Mr Md Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-06-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Chhatauni Police Station (for brevity, PS) Case No 276 of 2018 dated 27.09.2018 instituted for the offence punishable under Section(s) 448, 323, 324, 307, 380/34 of Indian Penal Code.

Patna High Court CR. MISC. No.6969 of 2020(4) dt.26-06-2020 2/3 The petitioner, along with others, has been named in the first information report. Informant has alleged that they have entered in his house and assaulted him indiscriminately. Further allegation is that money and ornaments have been taken away by the accused persons.

Learned counsel for the petitioner submits that specific allegation of giving knife blow is against co-accused Rahul Kumar, Rahul and Dablu Miyan. It is further submitted that co-accused Rajnish Kumar Pandey, having similar allegations, has been allowed anticipatory bail by this Court in Cr Misc No 27260 of 2019.

The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Chhatauni PS Case No 276 of 2018 dated 27.09.2018 subject to the conditions as laid down under Section 438 (2) of

Patna High Court CR. MISC. No.6969 of 2020(4) dt.26-06-2020 3/3 Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T