Allowed¶21

Ranjan Kumar Yadav v. The State of Bihar

Patna HC13 Aug 2024CR. MISC./22919/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 CrPC; Sections 448, 341, 323, 324, 307, 379, 504/34 IPC; Sakatpur P.S. Case No. 42 of 2023; Darbhanga; land dispute; case and counter case; simple injuries; clean antecedent; bail bond Rs. 10,000 with two sureties; C.J.M. Darbhanga; Ranjan Kumar Yadav; Manoj Kumar Yadav; Justice Prabhat Kumar Singh; order dated 13-08-2024; Criminal Miscellaneous No. 22919 of 2024.

What did the court decide?

Anticipatory bail allowed: petitioners to be enlarged on bail, in the event of arrest/surrender within six weeks, on furnishing bail-bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga, in connection with Sakatpur P.S. Case No. 42 of 2023, subject to conditions under Section 438(2) CrPC. ¶21

Ranjan Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in Sakatpur P.S. Case No. 42 of 2023 registered for offences under Sections 448, 341, 323, 324, 307, 379, 504/34 IPC, are entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: considering the nature of injury and the petitioners' clean antecedent, in the event of arrest/surrender within six weeks, the petitioners are to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga, in connection with Sakatpur P.S. Case No. 42 of 2023.

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Ratio / Principle

The grant of anticipatory bail is made subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Prabhat Kumar Singh, J., 13-08-2024) to two brothers, Ranjan Kumar Yadav and Manoj Kumar Yadav @ Manoj Yadav, apprehending arrest in Sakatpur P.S. Case No. 42 of 2023 (District Darbhanga) for offences under Sections 448, 341, 323, 324, 307, 379, 504/34 IPC arising from an alleged armed assault on the informant's family and snatching of a gold Mangalsutra. Considering the nature of injury (counsel contending simple injuries in a case-and-counter-case land-dispute Maarpeet) and the petitioners' clean antecedents, the Court directed that in the event of arrest/surrender within six weeks they be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- each with two like sureties to the satisfaction of the learned C.J.M., Darbhanga, subject to the conditions under Section 438(2) CrPC.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22919 of 2024

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Arising Out of PS. Case No.-42 Year-2023 Thana- SAKATPUR District- Darbhanga

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======================================================

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Ranjan Kumar Yadav S/o Sri Yogendra Yadav R/o vill - Devna, P.S. - Sakatpur, Distt. - Darbhanga

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Manoj Kumar Yadav @ Manoj Yadav S/o Sri Yogendra Yadav R/o vill - Devna, P.S. - Sakatpur, Distt. - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No 13 For the Opposite Party/s : Mr.Tapeshwar Sharma

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 13-08-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offence under Sections 448, 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

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As per prosecution case, on 17.05.2023 at about 7:30 AM, all the FIR named accused persons including these petitioners, armed with various weapons, reached at the house of informant and thereafter, abused and assaulted him and other family members. It is further alleged that they also snatched gold Mangalsutra from the neck of informant’s mother. Petitioner no. 1 is alleged to have assaulted with iron rod on the head of brother of informant, whereas petitioner no. 2 assaulted

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Patna High Court CR. MISC. No.22919 of 2024(3) dt.13-08-2024 2/2

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with farsa on the head of father of informant.

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Learned counsel for the petitioners submits that on account of land dispute between the parties, a simple occurrence of Maarpeet took place, in which both sides sustained injuries. There is case and counter case. The injuries allegedly caused by these petitioners are simple in nature. Petitioners have got clean antecedent.

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Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

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Considering the nature of injury and clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Darbhanga in connection with Sakatpur P.S. Case No. 42 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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anay

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U T

Ranjan Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ranjan Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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