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Patna High CourtCR. MISC./54794/2017bail granted

Ranjeet Kumar v. The State Of Bihar

2017-11-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54794 of 2017 Arising Out of PS.Case No. -285 Year- 2014 Thana -DUMRA District- SITAMARHI ====================================================== Ranjeet Kumar, Son of Raj Kishore Mahto, Resident of Village- Sirsiya Bazar, Ward No.7, P.S.- Bela, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 20-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No.285 of 2014 registered under Sections 147, 148, 149, 323, 325, 307, 447, 448, 452, 353, 186, 427, 435, 109, 224, 25, 440 and 120(B) of the Indian Penal Code besides Section 52 of the Prisoners Act.

The accusation is that due to transfer of the prisoners Santosh Jha and Madhav Choudhary from Sitamarhi Jail to different Jails, their supporters started pelting bricks and stones upon the informant and other officials and injured them. They also damaged the gate of jail campus and set the hospital and storerooms of the jail on fire. 107 prisoners, out of 100-150 prisoners, including the petitioner, indulged in

Patna High Court Cr.Misc. No.54794 of 2017 (2) dt.20-11-2017 2/2 creating the nuisance in jail, were identified. Learned counsel for the petitioner submits that while the petitioner is named in the F.I.R. but no specific overt act is attributed to him. Similarly situated co-accused Raushan Kumar has already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 05.05.2017 passed in Criminal Misc. No.14295 of 2017. Further submission is that while the petitioner was in custody in connection with a case, as detailed in paragraph-3 to this application, at the time of the alleged occurrence, but he was released in that case just after 2-3 days of the occurrence.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No.285 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T