Prabhat Ranjan @ Prabhat Kumar Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55017 of 2023 Arising Out of PS. Case No.-329 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== Prabhat Ranjan @ Prabhat Kumar Ranjan S/O Rajendra Yadav R/O Village - Adhawari, P.S. - Benipatti ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-08-2023 Heard Mr. Ravi Prakash, learned counsel appearing on behalf of the petitioner and Mr. Prem Kumar Jha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Benipatti P.S. Case No. 329 of 2020 registered for the offence punishable under Sections 147, 148, 149, 323, 307, 332, 333, 353, 354 and 504 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., 10-15 unknown miscreants including the petitioner attacked the police team while the team was rescuing the kidnapped girl. He is named in the F.I.R.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the case. He is not involved in alleged kidnapping of the girl who was recovered by the police from the

Patna High Court CR. MISC. No.55017 of 2023(2) dt.23-08-2023 2/3 house of co-accused Chhote Yadav. Petitioner happens to be only member of the mob. He has clean antecedent. Similarly situated co-accused namely Devendra Yadav, Shambhu Yadav, Pinku Kumar Yadav and Subesh Kumar Yadav have been released on anticipatory bail by a co-ordinate Bench of this Court vide order dated 25.05.2022 passed in Cr. Misc. No. 62484 of 2021.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the nature of allegation made against the petitioner and the fact that the petitioner was present at the place of occurrence while the miscreants named in the F.I.R. were restraining and obstructing the police team in performing their duty and rescuing the victim girl, the allegation levelled against the petitioner is not specific rather general and omnibus and similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I,

Patna High Court CR. MISC. No.55017 of 2023(2) dt.23-08-2023 3/3 Benipatti, Madhubani in connection with Benipatti P.S. Case No. 329 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T