Ranjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21514 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- PIRPAINTI District- Bhagalpur ====================================================== Ranjit Yadav S/O Late Muktinath Yadav R/O Village- Kahalgaon Tola, P.OKhawaspur, P.S- Pirpainti, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Dubey, Advocate Mr. Shashak Kashyap, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP For the informant :

Mr. Murlidhar Msihra, Advocate Mr. Shubhsh Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

02. Let the defect (s), if any, as pointed out by the office be removed within a period of four weeks.

03. In the present case, the petitioner seeks bail in connection with Pirpainti P.S. Case No. 284 of 2022 registered on 30.08.2022 for the alleged offences under Sections 147, 148, 149, 341, 323, 326, 327, 307, 448, 504 of the Indian Penal Code, 27 of the Arms Act and later on added Section 302 of the Indian Penal Code.

04. As per prosecution case, in backdrop of some land dispute, petitioners and a number of other co-accused persons barged into the houses of the informant and others and on saying

Patna High Court CR. MISC. No.21514 of 2023(2) dt.18-05-2023 2/3 of co-accused Ramnath Yadav, two co-accused persons fired upon the husband of the informant, who sustained grievous injuries. In the firing made by other co-accused persons, other family members of the informant received injuries. The husband of the informant succumbed to his injuries during treatment.

05. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no allegation of any specific overt act against this petitioner for assaulting any person. Even there is no allegation of petitioner's participation in the alleged occurrence or that he was armed with any weapon. Admittedly, the petitioner and informant's side are agnates and there is land dispute between them and for this reason entire family members of the petitioner have been made accused in this case. The petitioner is in custody since 30.11.2022 and charge-sheet has been submitted. The petitioner has got no criminal history.

06. Learned APP for the State as well as learned counsel for the informant vehemently oppose the prayer for bail. Learned counsel for the informant submits that the petitioner was also the part of the mob, which attacked the husband of the informant and her other family members and a number of persons received injuries and the husband of the informant died in course of treatment.

Patna High Court CR. MISC. No.21514 of 2023(2) dt.18-05-2023 3/3

07. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is specific allegation of any overt act against the petitioner and further considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Pirpainti P.S. Case No. 284 of 2022 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T