Rajniti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13338 of 2020 Arising Out of PS. Case No.-206 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== RAJNITI YADAV Son of Late Ramjee Yadav Resident of Village- Barkhandi Tola, P.S.- Khagaria (Muffasil), District- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 302, 448 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in short, is that the accused persons, variously armed, shot fire at the brother of the informant due to which he died.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.13338 of 2020(2) dt.23-06-2020 2/3 the petitioner. The petitioner has falsely been implicated in the present case. Altogether 23 persons are named in the F.I.R. Specific allegation is against co-accused namely Anuj Yadav. As far as petitioner is concerned, he is alleged to be the member of unlawful assembly. No specific overt act is alleged against the petitioner. Other co-accused has been granted anticipatory bail bail vide order passed in Cr. Misc. No. 1112 of 2019. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Supplementary Khagaria (Muffasil) P.S. Case No. 206/2018, G.R. No. 886 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection

Patna High Court CR. MISC. No.13338 of 2020(2) dt.23-06-2020 3/3 with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T