Ranjeet Kumar @ Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20470 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- TEKARI District- Gaya ====================================================== RANJEET KUMAR @ RANJEET YADAV S/o Mahesh Yadav R/o villageJalalpur, P.S.- Tekari (Mau O.P.), District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-07-2020 The Court proceeding has been conducted through virtual mode.

Since the physical Court is not functional due to the present pandemic, Covid-19, the matter has been listed with defects.

Learned counsel for the petitioner undertake to remove the defects within a period of three weeks on resumption of physical court proceeding.

In case of non-removal of the defects within the undertaken period, the office will place the matter before the bench.

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

The petitioner apprehends arrest in a case registered

2/4 for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

The prosecution case as per the written report of Ravindra Singh submitted before the I/c Mau O.P. is to the effect that on 23.09.2019 at 8.00 P.M., the informant was coming from his shop, the petitioner and co-accused person snatched Rs.20,000/- and a and a gold chain. It is specifically alleged that the petitioner assaulted with knife on the leg of the informant whereas co-accused, Shiv Sagar Yadav with the butt of the pistol.

It is submitted by learned counsel for the petitioner that for the occurrence of 23.09.2019, the FIR has been lodged on 25.09.2019. The specific case of the petitioner is that he was caused injury with knife on the leg whereas the doctor has only found a simple, marginal size injury on the right thigh which is simple in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the petitioner is named in the FIR with specific accusation. Considering the fact that the accusation is not being corroborated by the medical opinion and statement made in

3/4 paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail for the present provisionally for a period of three months, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing one surety to the satisfaction of the learned ACJM, VI, Gaya, in connection with Tekari P.S.Case No. 351 of 2019 (G. R. No. 5137 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.

C However, in view of the present pandemic, COVID19, it will be open for the learned Court below to accept the bail bond on furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode. The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned in connection with learned ACJM, VI, Gaya, in connection with Tekari P.S.Case No. 351 of 2019 (G. R. No. 5137 of 2019).

4/4 The learned Court below will be at liberty to extend the period of provisional anticipatory bail further if the court proceeding in physical mode will not resume in next three months.

Accordingly, the present application stands disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T