Ranni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17846 of 2020 Arising Out of PS. Case No.-297 Year-2019 Thana- GOGRI District- Khagaria ====================================================== Ranni Yadav, Son of Late Narayan Yadav, Resident of Village - Goraiya Bathan, P.S.- Gogri, District- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Gogari P.S. Case No. 297 of 2019 registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that although the petitioner is one among the seven named accused persons in the F.I.R against whom there are general and omnibus allegations that all of them had fired, the injury report

Patna High Court CR. MISC. No.17846 of 2020(2) dt.04-06-2020 2/3 as contained in Annexure '2' shows only one injury in the angle of lower jaw of the injured, therefore, the story alleged of indiscriminate firing is concocted and baseless. It is submitted that there are two cases against the petitioner in which he is on bail and the present one is a case of false implication. Learned A.P.P. for the State has though opposed the prayer for regular bail of the petitioner who is in custody since 22.01.2020 in connection with the present case, however, learned A.P.P.

for the State does not dispute that in the First Information Report there are general and omnibus allegations of firing against all the seven accused persons but the injury report does not substantiate the allegations made in the First Information Report, let the petitioner above named be released on bail in connection with Gogari P.S. Case No. 297 of 2019 on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.17846 of 2020(2) dt.04-06-2020 3/3 the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application is allowed.

(Rajeev Ranjan Prasad, J) vats/Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.