Ranjit Yadav @ Ranjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37612 of 2020 Arising Out of PS. Case No.-157 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== Ranjit Yadav @ Ranjit Kumar, aged about 30 years (Male), son of Dinesh Yadav, resident of village- Nawadih, P.S.- Kawakole, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the State :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioner is in custody in connection with Kawakole PS Case No.157 of 2019 dated 04.06.2019, instituted under Sections 147/ 149/ 341/ 323/ 307/ 353/ 337/ 338/ 427/ 186/ 226/ 504/ 506 of the Indian Penal Code.
3. The petitioner along with few named and 30-40 unknown is accused of pelting stones on the police and causing injuries.
4. Learned counsel for the petitioner submitted that as per the FIR itself no specific allegation of any overt act is
Patna High Court CR. MISC. No.37612 of 2020 dt.08-02-2021 2/3 alleged against the petitioner and same is general and omnibus with regard to many persons. It was submitted that even the allegation is that the petitioner was part of the mob, which was pelting brickbats on the police and others resulting in some injuries. It was submitted that all injuries are simple in nature and the petitioner having no criminal antecedent is in custody since 01.06.2020. It was further submitted that the police is said to have come to the village on information that there was some fight between Mithilesh Kumar and others and thereafter the incident occurred. Learned counsel submitted that co-accused, Niru Yadav, Lalan Yadav and Lalu Yadav have been granted bail on 19.09.2019 in Cr. Misc. No. 59443 of 2019.
5. Learned APP submitted that the petitioner is accused of throwing brickbats on the police party. However, it was not controverted that the allegations are general and omnibus against many persons.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the ACJM 1st, Nawada, in Kawakole PS Case No.157 of 2019, subject to the conditions (i)
Patna High Court CR. MISC. No.37612 of 2020 dt.08-02-2021 3/3 that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any illegal/criminal activity, act in violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.
7. The application stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T