Rajeev Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17125 of 2021 Arising Out of PS. Case No.-361 Year-2020 Thana- RAHUI District- Nalanda ====================================================== 1.

RAJEEV RANJAN KUMAR Son of Jagdish Yadav Resident of Village - Uttranawan Tola, Balwapar, P.S.- Rahui, District - Nalanda. 2.

Pramod Yadav Son of Jagdish Yadav Resident of Village - Uttranawan Tola, Balwapar, P.S.- Rahui, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

At the outset, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner No. 2 namely Pramod Yadav as during pendency of this application, he has been taken into judicial custody. Permission is granted.

Accordingly, this application with regard to petitioner No. 2 namely Pramod Yadav is dismissed as withdrawn.

Patna High Court CR. MISC. No.17125 of 2021(2) dt.15-12-2021 2/3 The petitioner No. 1 is apprehending his arrest in a case registered under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, while the informant's father was digging land to build a house, the accused persons armed with weapons came there and abused him. On protest, one of the accused persons opened fire which hit toe of right leg of informant's father. It has been submitted on behalf of the petitioner No. 1 that he has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner No. 1 has been falsely implicated in the present case. There is no allegation of assault alleged against the petitioner No. 1. The specific allegation of firing is against co-accused namely, Pawan Kumar.

On behalf of the State, it is submitted that the petitioner No. 1 is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner No. 1, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.17125 of 2021(2) dt.15-12-2021 3/3 Additional Chief Judicial Magistrate-Ist, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 361 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T