Ratan Kana Yadav @ Sipahi Ji @ Ratan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5320 of 2025 Arising Out of PS. Case No.-135 Year-2023 Thana- KHUSRUPUR District- Patna ====================================================== Ratan Kana Yadav @ Sipahi Ji @ Ratan Singh S/O Vijay Singh R/O VillageChainpur, P.S- Khushrupur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2025 Heard Mr. Prabhat Kumar Singh, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Khusrupur P.S. Case No. 135 of 2023, F.I.R. dated 13.04.2023 registered for the offences punishable under Sections 384, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons had broken some part of the boundary wall of the informant and looted some articles amounting to Rs. 15,000/-. It is further alleged that they also demanded rangdari of Rs. 10,00,000/- for the land and if not

2/4 fulfilled the rangdari, they will kill the informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it transpired that due to admitted land dispute the present occurrence had taken place and it appears from the F.I.R. that there is specific allegation is attributed against co-accused person namely Ashok Yadav and said Ashok Yadav and others have been granted the privilege of anticipatory bail vide order dated 13.11.2024 in Cr. Misc. No. 51573 of 2024 by a Coordinate Bench of this Court.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner and similarly situated co-accused persons have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court, let the petitioner, above named, in the event of his arrest or surrender

3/4 before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City, Patna in connection with Khusrupur P.S. Case No. 135 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T