Ranjit Yadav @ Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5038 of 2022 Arising Out of PS. Case No.-393 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== Ranjit Yadav @ Ranjeet Yadav Son of Late Arjun Yadav Resident of Village - Bangala Sthan, P.s.- Kotwal, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 393 of 2021 registered for the offence under Sections 302, 387, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 07.09.2021.

The allegation against the petitioner is to commit murder of brother of the informant alongwith other co-accused persons by using fire arms.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.5038 of 2022(2) dt.20-06-2022 2/3 submitted that it is admitted position from bare perusal of the F.I.R. that petitioner is not the assailant. It has further been submitted that the present occurrence is founded over previous enmities. While concluding the argument, it has further been submitted that petitioner is involved in only one case relating to matrimonial dispute.

Learned APP appearing on behalf of the State duly supported by learned counsel appearing on behalf of the informant while opposing the prayer for bail submitted that the F.I.R. is suggestive of the fact that petitioner is not the main assailant.

Considering the facts and circumstances as mentioned above, as the petitioner is not the main assailant, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Kotwali P.S. Case No. 393 of 2021 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, Gaya, subject to the following conditions: "(i) That if the petitioner tampers with the evidence or the witnesses of the

Patna High Court CR. MISC. No.5038 of 2022(2) dt.20-06-2022 3/3 case, in that event, Trial Court shall be at liberty to move for cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Shailendra Yadav, who is the father of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T