Ravi Ranjan Yadav @ Priya Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62217 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- KAKO District- Jehanabad ====================================================== Ravi Ranjan Yadav @ Priya Ranjan Kumar Son of Shivaji Yadav Resident of village- Ghuranbigha, P.S.- Kako, Dist.- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2025 Heard Mr. Kaushal Kumar, learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in connection with Kako P.S. Case No. 89 of 2024 for the offence under Sections 147, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act lodged on 23.03.2024 by the informant, Guddu Kumar.
3. As per the prosecution story, the informant alleged that there was issue of movement of motorcycle on the cricket pitch and the informant called the Mantu Kumar over phone to convince him but the same was disconnected. As he went there in the evening to pacify the matter, allegation is that all the accused persons resorted to firing. The further allegation is that the accused Abhishek Kumar @ Harkha opened fire which hit
2/4 his right thigh, got injured, taken to Primary Health Centre, Ghoshi and then to Sadar Hospital, Jehanabad, to the P.M.C.H, Patna and finally to Hitech Hospital, Danapur, Patna. Accordingly, the F.I.R.
4. It is the case of the petitioner that neither he has been assigned the role of firing nor destroyed the pitch but only to implicate, his name has been incorporated. He further submits that Pintu Kumar and Mantu Kumar have been extended relief in Cr. Misc. No. 55698 of 2024. If granted relief, the petitioner shall be presenting himself before the concerned Police Station for cleaning the campus for two hours for a week and at the end of the week shall be planting a sapling subject to permission of the officer in-charge of the said Police Station.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that as per the supplementary affidavit, he has criminal antecedent.
6. Considering the aforesaid facts as also that no specific role has been assigned to him, main role is against Abhishek Kumar @ Harkha, some of the similar co-accused have been granted relief, in that background, this Court is inclined to grant him the anticipatory bail with the following conditions:
3/4 (i) he shall be visiting the Kako Police Station for a week and shall clean the campus for two hours;
(ii) at the end of the week, he shall be planting a sapling in the campus and the report/photo of the said plant shall come by way of a supplementary affidavit by the petitioner.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate at Jehanabad in connection with Kako P.S. Case No. 89 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
4/4 bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. List this case under the heading 'To Be Mentioned' on 07.02.2025 to peruse the supplementary affidavit annexing the report of the SHO and the photograph of the sapling planted in the campus.
(Rajiv Roy, J) Vijay Singh/- U T