Ranjit Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62300 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================
1. Ranjit Yadav, S/o Jai Prakash Yadav @ Jhappu @ Jay Prakash @ Jhappu Yadav,
2. Jai Prakash Yadav @ Jhappu @ Jay Prakash @ Jhappu Yadav S/o Anaksh Yadav, Both are R/o Village- Vallopur, P.S.- Khaira, DistrictJamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor of the State.
The petitioners are apprehending their arrest in connection with Khaira P. S. Case No. 99 of 2017 registered for offences punishable under Sections 147, 148, 341, 323, 307, 332,333, 353, 427, 504, 337 and 338 of the Indian Penal Code. In the written report, it is alleged that informant reached at the accident site, which is pitch road near Middle School, Nariyana, after receiving information that one pick-up van coming from the side of Sono has dashed with the barrier, in which passengers became badly injured. On seeing the police
Patna High Court Cr.Misc. No.62300 of 2017 (2) dt.04-01-2018 2/3 party, villagers became violent and started throwing bricks and stone on the police party and assaulted them with lathi, Fatta, rod etc. due to which some police officials, as named in the written report sustained injuries. The violent mob also damaged the vehicle of the Superintendent of police, Jamui. The police arrested ten persons on the spot.
It is submitted by the learned counsel for the petitioner that there is general and omnibus allegation against these petitioners.
It has been submitted that other co-accused persons with similar allegations have already been granted anticipatory bail by this Court vide order dated 23.11.2017 passed in Cr. Mis. No. 55864 of 2017 and order dated 05.12.2017 passed in Cr. Misc. No. 57054 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Khaira P.S.Case No. 99 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand)each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui, subject to the conditions as
Patna High Court Cr.Misc. No.62300 of 2017 (2) dt.04-01-2018 3/3 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) petitioners shall cooperate in the trail and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bonds of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Mohit Kumar Shah, J) Sudha/- U