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Patna High CourtCR. MISC./738/2024bail granted

Ranjit Yadav @ Ranjeet Yadav v. The State Of Bihar

2024-01-18Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.738 of 2024 Arising Out of PS. Case No.-212 Year-2019 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Ranjit Yadav @ Ranjeet Yadav Son Of Kokay Yadav @ Kokay Panjiyar R/O Village- Dhanoja Sukhasan, Sirwar, P.S.- Bhakhtiyarpur (Kanariya O.P.), District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bhakhtiyarpur (Kanariya O.P.) P.S. Case No.212 of 2019, lodged on 02.06.2019, under Sections 341/323/504/379/436/ 364/504/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution, FIR has been lodged against 19 named accused persons including the present petitioner against whom the allegation that at the place of occurrence the named accused reached at the Ghat of informant duly weaponed and burnt their two boats which caused loss of Rs.9,00,000/- and also snatched Rs.50,000/- along with allegation of snatching

Patna High Court CR. MISC. No.738 of 2024(2) dt.18-01-2024 2/3 of gold chain is also there.

4. Learned counsel for the petitioner submits that the informant and the present petitioner are resident of the same village. They are well known to each other and there is rivalry used to going on in the village due to taking the Ghat for the purpose of fishing. Counsel further submits that there is no specific allegation. All the allegations are general and omnibus in nature. Counsel further submits that petitioner is in custody since 28.07.2023. There is one criminal case pending against the petitioner in which he is on bail. Counsel further submits that out of 19 accused persons, bail has been granted to seven accused persons by the co-ordinate Bench of this Court which is annexed as Annexures-P/2 series.

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Mr. Gautam Kumar, learned J.M. 1st Class, Saharsa, in connection with Bhakhtiyarpur (Kanariya O.P.) P.S. Case No.212 of 2019, subject to the conditions as laid

Patna High Court CR. MISC. No.738 of 2024(2) dt.18-01-2024 3/3 down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) One of the bailor should be the family member 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 bonds by the Trial Court itself;

(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (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. (Dr. Anshuman, J) Mkr./- U T