Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 21288 of 2020 ====================================================== Ranjan Kumar, son of Late Dular Yadav, resident of village-Durjankhap, P.S.- Mohanpur, District-Gaya.
... ... Petitioner
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar, Advocate For the Respondent State:
Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2020 Heard Mr. Anil Kumar, learned counsel appearing on behalf of the petitioner and Dr. (Mrs.) Indiwar Kumari, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Barachatti (Mohanpur) P.S. Case No. 382 of 2019, registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. There are ten persons named in the First Information Report. It is evident from the First Information Report itself that some land dispute was the reason behind the alleged occurrence. Allegedly, the accused persons, armed with lathi, danda and khanti, attempted to stop one Kesho Yadav, informant's father,
when he was working in his field. Informant's father was attempting to resolve the dispute when allegedly the petitioner and others started abusing him and allegedly the petitioner assaulted in his head with khanti and snatched a sum of Rs.10,000/-.
Learned counsel appearing on behalf of the petitioner has argued that the present case is a counter blast to an First Information Report, registered by the petitioner's mother as Barachatti P.S. Case No. 423 of 2019. The petitioner and the informant side are agnates.
Considering the nature of dispute, which is said to be the reason behind the occurrence, in my opinion, case for grant of anticipatory bail is made out.
This application is accordingly allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Sherghati, Gaya, in Barachatti (Mohanpur) P.S. Case No. 382 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner
shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
It is indicated that defect, if any, shall be removed within two months.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the
present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T