Ranjan Yadav @ Rajeev Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28425 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -PALI District- JEHANABAD ====================================================== Ranjan Yadav @ Rajeev Ranjan Kumar, son of Bijay Yadav, Resident of Village - Timalpur, P.S. - Pali, District - Jehanabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Prasad Singh, Advocate. For the informant : Mr. Nitya Nand Neeraj, Advocate. For the Opposite Party/s : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and the State.
The petitioner apprehends his arrest in Pali P.S. Case No. 45 of 2017 instituted for the offence under Sections 341, 323, 504, 307 and 379 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner and informant are next door neighbours. There is case and counter case between the parties. The wife of the petitioner has lodged Pali P.S. Case No. 43 of 2017 against the informant and others for the occurrence dated 03.09.2017. The father of this petitioner sustained injury in that occurrence. The injury report of the father of the informant has been enclosed as Annexure-4. The allegation against the petitioner in the instant case
Patna High Court Cr.Misc. No.28425 of 2018 (3) dt.18-05-2018 2/3 is that he assaulted the informant on his head with Khanti. The injury report of the informant has been enclosed as Annexure-3 which shows that the informant has sustained head injury but the opinion has not been given by the doctor.
As such from Annexure 3 and 4, it appears that injury has been sustained by both sides. There has been case and counter case between the parties.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Pali P.S. Case No. 45 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case,
Patna High Court Cr.Misc. No.28425 of 2018 (3) dt.18-05-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T