Ranjeet Yadav @ Ranjit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 58875 of 2017 Arising Out of PS.Case No. -69 Year- 2015 Thana -ROUH District- NAWADA ======================================================
1. Ranjeet Yadav @ Ranjit Yadav, son of Devaki Yadav, resident of Village - Gadura, P.S.- Roh, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate For the Informant : Mr. Sheo Kumar Prasad, Advocate Mr. Anish Kumar, Advocate For the State : Smt. Gulnar Begam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner had lodged Roh P.S. Case No. 68 of 2015 on 15.08.2015 regarding murder of his elder brother Surendra Yadav by the prosecution side.
According to FIR of the present case, ten accused persons named in the FIR including the petitioner was performing cremation of Surendra Yadav, at the same time, husband of the informant was crossing from there, he was caught by all the persons and they bitterly assaulted him and caused his death and
Patna High Court Cr.Misc. No.58875 of 2017 (6) dt.26-02-2018 2/3 burnt the dead body. Land dispute is reason for the occurrence. Submission of the learned counsel for the petitioner is that the petitioner is in custody since 07.04.2016 and no progress in trial has taken place up-till-now. The allegation is general and omnibus and the background of the allegation would reveal that whatever is alleged, took place at the spur of moment and not in a pre-planned manner.
Learned counsel for the informant opposed the prayer for bail on the ground that a Coordinate Bench of the Court has already refused prayer for bail to co-accused Deoki Yadav vide order dated 19.07.2017 passed in Cr. Misc. No. 12281 of 2017 with direction to the trial court to conclude the trial within one year.
Considering the background and general and omnibus nature of allegation as well as the period already undergone, in my view, the petitioner need not be detained further as under trial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 581 of 2017 arising out of Roh Police Station Case No. 69 of 2015, subject to the condition that
Patna High Court Cr.Misc. No.58875 of 2017 (6) dt.26-02-2018 3/3 the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/- U T