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Patna High CourtCR. MISC./54583/2023bail granted

Ranjeet Yadav @ Ranjeet Kumar v. The State Of Bihar

2023-12-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54583 of 2023 Arising Out of PS. Case No.-332 Year-2019 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== 1.

RANJEET YADAV @ RANJEET KUMAR SON OF LATE NAGO YADAV @ NAGESHWAR YADAV RESIDENT OF VILLAGE- SHEKHPUR CHAMAN GOSAIN TOLA WARD NO 14, PS- UDAKISHUNGANJ, DIST- MADHEPURA 2.

SANJEEV YADAV @ SANJEEV KUMAR SON OF LATE NAGO YADAV @ NAGESHWAR YADAV RESIDENT OF VILLAGE- SHEKHPUR CHAMAN GOSAIN TOLA WARD NO 14, PS- UDAKISHUNGANJ, DIST- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Udakishunganj Police Station Case No. 332 of 2019, disclosing offences under Sections 147, 148, 149, 506 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per the prosecution story, on 16.11.2019, in the night, all the FIR named accused persons, including the petitioners, surrounded the house of the informant with an

Patna High Court CR. MISC. No.54583 of 2023(3) dt.06-12-2023 2/3 intention to kill, they also made several rounds of firing, however, anyhow she made a narrow escape.

4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. Similarly situated persons have been granted bail even having two criminal antecedents. He further submits that the present case has been lodged due to political rivalry and the police, after investigation, submitted final form not sending the petitioners for trial, however, the learned Magistrate, differing with the final form, took cognizance against the petitioners.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that after investigation, police submitted final form not sending the petitioners for trial, similarly situated accused persons have been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 11433 of 2023, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, Ranjeet Yadav @ Ranjeet Kumar, Sanjeev Yadav @ Sanjeev Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.54583 of 2023(3) dt.06-12-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhepura, in connection with Udakishunganj Police Station Case No. 332 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T