Ravi Kumar @ Ravi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42033 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== RAVI KUMAR @ RAVI YADAV Son of Sri Jitendra Gope Resident of village - Pachasa, P.O.- Mora Talab, P.S.- Rahui, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2023 Heard the learned Counsel for the petitioner and Mr. Syed Ehteshamuddin who represent the State.

The petitioner apprehends his arrest in connection with Noorsarai P.S. Case No. 30 of 2023 for the offence punishable under Sections 307, 324, 326, 341, 323, 34 of the I.P.C lodged on 29.01.2023 by the informant Ram Dahin Yadav. As per the prosecution story, the allegation is that due to land dispute, the family members themselves started fighting and in the process, Ram Janam Yadav fired which hit the wife of the informant in her stomach. The allegation against the other accused persons is also of assault and opening fire, Accordingly the FIR.

The case of the petitioner is that the main allegation is against Ram Janam Yadav, no role has been attributed to him

Patna High Court CR. MISC. No.42033 of 2023(2) dt.02-08-2023 2/3 as also throwing stones on the informant's side. Learned APP opposes the prayer stating that he is the nephew of the main assaillant, Ram Janam Yadav. Considering the fact that he is a young boy of 19 years and has no criminal antecedent and main allegation is against Ram Janam Yadav, this Court is inclined to extend him the privilege of anticipatory bail with conditions. Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Biharsharif at Nalanda in connection with Noorsarai P.S. Case No. 30 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.42033 of 2023(2) dt.02-08-2023 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U