Ranjit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18919 of 2024 Arising Out of PS. Case No.-567 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== 1.
Ranjit Yadav Son Of Fulo Yadav @ Fuleshwar Yadav R/O-Sansarpur, P.S.- Gidheur (Laxmipur), Distt.-Jamui 2.
Basant Yadav Son Of Fulo Yadav @ Fuleshwar Yadav R/O-Sansarpur, P.S.- Gidheur (Laxmipur), Distt.-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2024 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioners and Mrs. Madhuri Lata, learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Laxmipur/Gidhaur P.S. Case No. 567 of 2022, F.I.R. dated 27.12.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 120B, 333, 353, 307, 427 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3, 4 of Prevention of Damage of Public Property Act.
3. The prosecution case, in brief, is that informant received an information that some villagers have blocked the
2/4 road at Village- Sansarpur and when the informant along with police personnel rushed to the place of occurrence where he found that villagers were protested against the custodial death of an accused who was in jail in connection with SC/ST P.S. Case No. 155 of 2019. The villagers were demanding that the Jailor of Mandalkara, Jamui be taken into custody, the informant and other officers were preset at the place of occurrence and were trying to pacify the mob. However, the mob suddenly became agitated and started pelting bricks and stones on the police party and some police party received injury.
4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that from perusal of the F.I.R. it appears that there is no specific allegation against the petitioners rather there is general and omnibus allegation against more than 150 accused persons including the petitioners.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts that the petitioenrs having clean antecedents and there is no specific allegation of any assault or overt act against the petitioners, let the
3/4 petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui in connection with Laxmipur/Gidhaur P.S. Case No. 567 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for
4/4 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T