Ratnesh Yadav @ Ratnesh Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37724 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -RAJIVNAGAR District- PATNA ====================================================== Ratnesh Yadav @ Ratnesh Ranjan, aged about 22 Years, Son of Ganesh Rai, R/o Jai Prakash Nagar, P.S.- Rajiv Nagar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jai Kishore Sharma, Advocate For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rajiv Nagar P.S. Case No. 119 of 2017 instituted for the offence under Sections 147, 148, 149, 325, 307 and 506 of the Indian Penal Code. It is alleged in the written report that this petitioner along with co-accused Shivam caused fire-arm injury to the brother of the informant Narayan Pathak and Vijay Kant Phatak. Bihari Rai also sustained firearm injury.

Case diary has been received.

In the case diary there is no injury report. The learned Sessions Judge has also mentioned in the impugned order that no injury report was produced before the court below.

Learned counsel for the petitioner has submitted that altercation took place between the informant and co-accused Shivam as

Patna High Court Cr.Misc. No.37724 of 2017 (5) dt.09-10-2017 2/2 will appear from the Fard-beyan.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rajiv Nagar P.S. Case No. 119 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cumSub Judge-III, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T