Ranjit Kumar Yadav @ Ramji Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72966 of 2023 Arising Out of PS. Case No.-290 Year-2023 Thana- RAHUI District- Nalanda ====================================================== 1.

Ranjit Kumar Yadav @ Ramji Kumar Yadav Son Of Late Nagina Yadav @ Late Nagna Gope Resident Of Village- Kayampur, Ps- Rahui, Dist- Nalanda 2.

Endradeo Yadav Son Of Late Nagina Yadav @ Late Nagina Gope Resident Of Village- Kayampur, Ps- Rahui, Dist- Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Rahui P.S Case No. 290 of 2023 dated 11.07.2023 registered for the offence punishable u/ss 147, 148, 149, 323, 307 and 353 of the Indian Penal Code.

4. As per the prosecution case, on 10.07.2023, the police team arrived at the house of the petitioner Ranjit Kumar Yadav, along with warrant for his arrest. The petitioners along with their wives and eight to ten unknown persons assaulted the

Patna High Court CR. MISC. No.72966 of 2023(2) dt.23-11-2023 2/3 police force and created hindrance in the official duty of the police due to which two Bihar Home Guard personnel sustained injuries.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that the allegations against the petitioners are general and omnibus in nature. The injury caused to the constables are minor, as would be evident from the injury report annexed at page nos. 14, 15 and 16 to the application. Similarly situated co-accused persons have already been granted pre-arrest bail vide order dated 17.10.2023 passed in Cr. Misc. No. 62586 of 2023. The petitioner no.1 has one criminal antecedent whereas petitioner no.2 has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.72966 of 2023(2) dt.23-11-2023 3/3 concerned, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 290 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T