Gorakh Bind @ Gorakh Vind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.396 of 2020 Arising Out of PS. Case No.-217 Year-2019 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

GORAKH BIND @ GORAKH VIND Son of Late Haridwar Bind @ Late Haridwar Vind Resident of Village - Baddi, P.S.- Sheosagar (Baddi O.P.), Distt - Rohtas at Sasaram.

2.

Deepak Bind @ Deepak Vind @ Deepak Kumar Son of Gorakh Bind @ Gorakh Vind Resident of Village - Baddi, P.S.- Sheosagar (Baddi O.P.), Distt - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

The prosecution case in short, is that on account of harvesting mango, dispute arose and in furtherance of the same, the accused persons started abusing the informant and his family

Patna High Court CR. MISC. No.396 of 2020(3) dt.16-06-2020 2/3 members. It is also alleged that the accused persons assaulted the informant, his son and his wife, as a result of which, the informant's son sustained injury.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The other co-accused with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 19-02-2020 passed in Cr. Misc. No. 273 of 2020.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Sasaram, Rohtas in connection with Sheosagar (Baddi) P.S. Case No. 217 of 2019 subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.396 of 2020(3) dt.16-06-2020 3/3 the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T