Ranjeet Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44676 of 2021 Arising Out of PS. Case No.-232 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== RANJEET SHARMA S/o SURESH SHARMA @ SURESH THAKUR R/O VILLAGE-JAMHARIYA, P.S.- PAKARIBARAWAN, DISTRICTNAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner is apprehending his arrest in Pakribarawan (Dhamaul) P.S. Case No. 232 of 2019 registered under Sections 147, 149, 341, 323, 307, 353 of the Indian Penal Code. Allegedly, in a road accident, a girl died and the local
Patna High Court CR. MISC. No.44676 of 2021(2) dt.07-01-2022 2/3 residents became infuriated, make protest and blocked the road. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. A road accident took place in which, a girl is said to have died. The local residents have made protest against the police authority. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 27 persons along with 5 unknown persons have been made accused in the present case.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.44676 of 2021(2) dt.07-01-2022 3/3 Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Diwakar Kumar, learned Judicial Magistrate-Ist Class, Nawada in connection with Pakribarawan (Dhamaul) P.S. Case No. 232 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T