Ramjit Yadav @ Ramjit Kumar vs The State Of Bihar
2021 Latest Caselaw 867 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
               CRIMINAL MISCELLANEOUS No.31744 of 2020
          Arising Out of PS. Case No.-1065 Year-2019 Thana- BIHTA District- Patna
  ======================================================

Ramjit Yadav @ Ramjit Kumar, male, aged about 21 years, S/o Sri Deo Prasad Yadav, R/o Village- Rambad, P.S.- Bihta, District- Patna.

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the State : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

Heard Mr. Rajesh Kumar, learned counsel for the

petitioner and Mr. Narendra Kumar Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner apprehends arrest in connection with

Bihta PS Case No.1065 of 2019 dated 25.11.2019, instituted

under Sections 323, 341, 307, 379/34 of the Indian Penal Code.

3. The allegation against the petitioner and others is

of assault on the informant side. However, against the petitioner,

it is also specific of giving blow on the head of the son of the

informant by iron rod.

4. Learned counsel for the petitioner submitted that

the parties are close relatives and live in the same house. It was

submitted that the informant is the aunt of the petitioner and Patna High Court CR. MISC. No.31744 of 2020 dt.12-02-2021

there was always dispute between them. Learned counsel

submitted that the Court below has granted anticipatory bail to

other co-accused, but because there was allegation of hitting on

the head by iron rod against the petitioner, it was refused.

Learned counsel drew the attention of the Court to the order of

the Court below in which it has been specifically written that the

Court had perused the certified copy of the FIR and copy of the

case diary and had further noted that the counsel for the State

had failed to produce the injury report. Thus, learned counsel

submitted that since there is only bald allegation without any

supporting document to show that any injury was caused to the

son of the informant, it is clear that there is false implication to

settle family dispute. Learned counsel submitted that the

petitioner has no criminal antecedent.

5. Learned APP submitted that the allegation of

assault on the head is against the petitioner. However, he did not

controvert the fact that the Court below has noted that there was

no injury report in the case diary in support of such allegation.

6. Having considered the facts and circumstances of

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

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon Patna High Court CR. MISC. No.31744 of 2020 dt.12-02-2021

furnishing bail bonds of Rs.25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the ACJM 1st, Danapur, Patna, in Bihta PS Case No.1065 of

2019, subject to the conditions laid down in Section 438(2) of

the Code of Criminal Procedure, 1973, and further (i) 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