Ranjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57708 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== Ranjan Yadav Son Of Sikandar Yadav Resident Of Village- Mirhatti, P.S.- Sultanganj, District- Bhagalpur.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha For the Opposite Party/s :
Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sultanganj P. S. Case No.39 of 2021, instituted for the offences under Section 302/ 34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 20.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.
The learned counsel for the petitioner further submits that informant alleges that on 19.02.2021 at about 7.00 P.M., two groups of people of Yadav Tola and Mandal Tola went for idol immersion and consequently, there was some altercation between the parties and from a fight took place between them
Patna High Court CR. MISC. No.57708 of 2021(2) dt.03-03-2022 2/3 and in the said incident, the husband of the informant received injury and he died. Accordingly, the F.I.R. was instituted and the petitioner is named in the F.I.R., but there is no specific allegation of assault against him. It is submitted that the allegation of assault is general and omnibus in nature. It is further alleged that all the accused persons assaulted the husband of the deceased by lathi and danda.
The learned counsel for the petitioner submits that petitioner has been falsely implicated. The informant is not an eye witness to the occurrence and the entire allegation is based on conjectures and surmises and even the allegation of assault is not specific rather the allegation is general and omnibus and similarly situated co-accused Gautam Yadav @ Gautam Kumar has been granted bail by order dated 12.08.2021 in Cr. Misc. No.30157 of 2021.
The learned counsel for the petitioner submits that Learned A.P.P. opposes the bail application.
Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.57708 of 2021(2) dt.03-03-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhagalpur in connection with S.T. No.369 of 2021 arising out of Sultanganj P. S. Case No.39 of 2021, subject to condition that one of the bailors shall be father of the petitioner namely, Sikandar Yadav. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T