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Patna High CourtCR. MISC./33272/2025bail granted

Ravi Ranjan Yadav @ Ravi Ranjan Kumar v. The State Of Bihar

2025-08-13Mr. Justice Arun Kumar Jha5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33272 of 2025 Arising Out of PS. Case No.-303 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

Ravi Ranjan Yadav @ Ravi Ranjan Kumar S/O Jhapas Yadav R/O Vill.- Baghwar Nizamat, P.s.- Sidhwalia, Dist.- Gopalganj. 2.

Nidhanshu Singh S/O Kuber Singh R/O Vill.- Baghwar Nizamat, P.s.- Sidhwalia, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey, Advocate For the State :

Mr.Ramchandra Sahni, APP For the Informant : Mr. Dhananjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State as well as learned counsel appearing on behalf of the informant.

2. In the present case, the petitioners seek bail in connection with Sidhwaliya P.S. Case No. 303 of 2024 registered for the alleged offences under Sections 191(2), 191(3), 190, 329(3), 329(4), 126(2), 115(2), 76, 303(2), 109, 308(3), 61(2), 352, 351(2) of B.N.S. and Section 27 of the Arms Act.

3. As per prosecution case, the petitioners and other

2/5 co-accused persons in the background of dispute over fishing attacked the informant and others. Petitioner no. 2 fired upon one Chandan Kumar with his gun and the shot fired by Kundan Singh hit the informant in his chest. The assailants were demanding Rs. Two lakhs in extortion and looted the house of the informant and others.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place. The FIR has been lodged after delay of 23 hours and there is no explanation for the same which shows deliberation and after thought on part of the informant. The allegation against petitioner no. 2 is that he fired upon one Chandan Kumar with his gun but the injury report of Chandan Kumar shows superficial wound and injury was found to be simple. The allegation against petitioner no. 1 is of assaulting one Rajeshwar Sahni but Rajeshwar Sahni has sustained only one injury, i.e., abrasion on right thigh and the injury is simple. Learned counsel further submits that the informant side used to forcibly indulge in fishing in the land of the farmers and the same was opposed by the petitioners side and altercation and scuffle regularly took place between two sides. Earlier on 11.10.2024, the informant

3/5 side brutally assaulted co-accused Satyendra Kumar and he was rescued by the police Sidhwalia P.S. Case No. 289 of 2024 has been lodged against the informant and others for the offences under Sections 191(2), 126(2), 127(2), 115(2), 308(2), 352, 351(2) of B.N.S.. When co-accused Satyendra Kumar returned home after treatment, he was again assaulted by the informant side and his wife Nipu Devi has lodged Sidhwalia P.S. Case No. 304 of 2024 against the informant side. Thus, there is case and counter case between the parties and informant and others assaulted the petitioners side and the informant has lodged this false case for saving of their skin. A number of co-accused persons have been granted bail by the learned Judicial Magistrate, Gopalganj. The petitioners are having antecedent of four and nine cases, respectively. Petitioner no. 1 is on bail in all the cases whereas petitioner no. 2 is on bail in eight cases. The petitioners are in custody since 11.03.2025 and charge sheet has been submitted.

5. Learned APP as well as learned counsel appearing on behalf of the informant vehemently oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that there is specific allegation against petitioner no. 2 that he fired upon one

4/5 Kundan Singh and the corresponding injury has been observed on his body.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties and also considering the period of custody of the petitioners and submission of charge sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj/concerned Court in connection with Sidhwaliya P.S. Case No. 303 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions:

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

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

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the

5/5 petitioners will be liable to be cancelled by the court concerned.

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