Ranjit Yadav @ Ranjit Kumar vs The State Of Bihar
2021 Latest Caselaw 743 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.37612 of 2020
      Arising Out of PS. Case No.-157 Year-2019 Thana- KAUWAKOL District- Nawada
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Ranjit Yadav @ Ranjit Kumar, aged about 30 years (Male), son of Dinesh Yadav, resident of village- Nawadih, P.S.- Kawakole, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the State : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Sheo Kumar Prasad, learned counsel for

the petitioner and Mr. Uma Shankar Prasad Singh, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The petitioner is in custody in connection with

Kawakole PS Case No.157 of 2019 dated 04.06.2019, instituted

under Sections 147/ 149/ 341/ 323/ 307/ 353/ 337/ 338/ 427/

186/ 226/ 504/ 506 of the Indian Penal Code.

3. The petitioner along with few named and 30-40

unknown is accused of pelting stones on the police and causing

injuries.

4. Learned counsel for the petitioner submitted that as

per the FIR itself no specific allegation of any overt act is Patna High Court CR. MISC. No.37612 of 2020 dt.08-02-2021

alleged against the petitioner and same is general and omnibus

with regard to many persons. It was submitted that even the

allegation is that the petitioner was part of the mob, which was

pelting brickbats on the police and others resulting in some

injuries. It was submitted that all injuries are simple in nature

and the petitioner having no criminal antecedent is in custody

since 01.06.2020. It was further submitted that the police is said

to have come to the village on information that there was some

fight between Mithilesh Kumar and others and thereafter the

incident occurred. Learned counsel submitted that co-accused,

Niru Yadav, Lalan Yadav and Lalu Yadav have been granted bail

on 19.09.2019 in Cr. Misc. No. 59443 of 2019.

5. Learned APP submitted that the petitioner is

accused of throwing brickbats on the police party. However, it

was not controverted that the allegations are general and

omnibus against many persons.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs.25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the ACJM 1 st, Nawada, in

Kawakole PS Case No.157 of 2019, subject to the conditions (i) Patna High Court CR. MISC. No.37612 of 2020 dt.08-02-2021

that one of the bailors shall be a close relative of the petitioner,

(ii) that the petitioner and the bailors shall execute bond with

regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he

shall not indulge in any illegal/criminal activity, act in violation

of any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and

conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his

bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T