Ranjit Singh @ Shivpukar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17254 of 2023 Arising Out of PS. Case No.-545 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== 1.
RANJIT SINGH @ SHIVPUKAR YADAV Son of Late Ramjeet Singh Resident of Village - Karma Kala, Dhanawan, Police Station - Daudnagar, District - Aurangabad, Bihar.
2.
Raghw Singh @ Radho Singh Son of Late Ramjeet Singh Resident of Village - Karma Kala, Dhanawan, Police Station - Daudnagar, District - Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arya Achint, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-05-2023 Heard the parties.
The petitioners are apprehending arrest in connection with Daudnagar P.S. Case No 545 of 2022 for the offence under Sections 212 and 34 of the I.P.C. and Section 13, 17 and 19 of Unlawful Activities (Prevention) Act lodged on 22.09.2022 by the informant Gufran Ali.
The prosecution story, in brief, is that the petitioners were closely associated with notorious wanted maoist leader Vinay Yadav @ Kamal ji @Kislay ji @ Murad ji @ Guru ji and they were allegedly giving shelter to him and helping him in propagating Naxalite ideology and collecting levy. Accordingly, the F.I.R.
2/4 It has been submitted by learned counsel for the petitioners that the two accused alleged to be 'Naxals' were taken into custody from the house of Amrendra Paswan. So far as these petitioners are concerned, the only allegation against them is/are that they are brother-in-laws of Vinay Yadav, the alleged 'Naxal' Commander and on suspicion, they have been implicated.
It is further submitted by the learned counsel for the petitioners that the petitioner no. 1 is a Teacher while the petitioner no. 2 is a farmer carrying out his agricultural work and both of them command respect in the society but have been implicated.
Learned APP opposes the prayer stating that being family members, they seem to be hand in-glove with the alleged Naxal Commandor.
Considering the aforesaid fact that the arrest of the Vinay Yadav and Amrendra Paswan were arrested from the house of Amrendra Paswan, there is no direct allegation against these petitioners of giving shelter, this Court is inclined to extend them the privilege of anticipatory bail with conditions. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the
3/4 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Daudnagar P.S. Case No 545 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
4/4 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Ravi/kiran/- U T