Ranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25448 of 2025 Arising Out of PS. Case No.-284 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Ranjan Yadav S/o- Deep Chand Yadav @ Dipchand Prasad Yadav VillageAhirani Tola, P. S. - Bagha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratyush Nandan, Advocate Mr. Manaur Alam, Advocate For the State :

Mr. Sanjay Kumar Singh, APP For the Informant :

Mr. Umesh Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2025 Heard Mr. Pratyush Nandan, learned counsel for the petitioner, Mr. Sanjay Kumar Singh, learned APP for the State and Mr. Umesh Kumar Gupta, learned counsel for the informant.

2. The petitioner is apprehending his arrest in connection with Bagaha P.S. Case No. 284 of 2024, G.R. No. 1691 of 2024, F.I.R. dated 19.11.2024 for the offences punishable under Sections 126(2), 115(2), 117(2), 109, 303(2), 352, 351(2), 3/5 of B.N.S.

3. According to prosecution case, the petitioner along with other FIR named accused persons destroyed the paddy crop of the informant and they also assaulted the informant and his family members. It is further alleged that

2/4 petitioner demanded Rs.5,00,000/- as extortion from the informant and threatened to kill him and also snatched Rs. 1,000/- from him.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Due to admitted land dispute, the present occurrence has taken place. It is further submitted that although, the petitioner is named in the FIR and there is specific allegation against the petitioner that he has assaulted the nephew of the petitioner, namely, Vikas Pandey and he has received two injuries, one is simple in nature inflicted on head of Vikas Pandey and second injury was inflicted on shoulder which is not the vital part of the body.

5. The learned Additional Public Prosecutor and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R, there is specific allegation against the petitioner that he has assaulted nephew and other family members of the informant and apart from that the petitioner carries two criminal antecedent other than the present one but fairly submits on the basis of paragraph 4 of the supplementary affidavit that out of two cases, the petitioner is on bail in one

3/4 case and in another case, he has been acquitted.

6. Considering the aforesaid facts and circumstances that Vikas Pandey has received two injuries out of which one is simple in nature and another one is not on the vital part of the body, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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.-I, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 284 of 2024, G.R. No. 1691 of 2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023 and with other following conditions:- i.

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

4/4 iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) priyanka/- U T