Pragas Bind @ Prakash Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2700 of 2020 Arising Out of PS. Case No.-373 Year-2019 Thana- RAHUI District- Nalanda ====================================================== 1.

PRAGAS BIND @ PRAKASH BIND Son of Late Moti Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda. 2.

Kedar Bind Son of Late Moti Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda.

3.

Anuj Bind Son of Late Sita Ram Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda.

4.

Indradeo Bind @ Indrajit Bind @ Indrajit Kumar Son of Late Sita Ram Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda. 5.

Rajiv Ranjan Kumar Son of Anuj Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda.

6.

Bhagwan Bind Son of Late Pyare Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda.

7.

Ajay Bind Son of Bhagwan Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda.

8.

Shankar Bind @ Shankar Kumar Son of Pragas Bind @ Prakash Bind Resident of Village- Kamarpur, P.S.- Rahui, District- Nalanda. 9.

Kavita Kumari D/o Pragas Bind @ Prakash Bind Resident of VillageKamarpur, P.S.- Rahui, District- Nalanda. 10.

Babita Kumari D/o Pragas Bind @ Prakash Bind Resident of VillageKamarpur, P.S.- Rahui, District- Nalanda, at present resident of Neptuliya, P.S.- Bhawanipur, District- Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,149, 341, 323,

Patna High Court CR. MISC. No.2700 of 2020(2) dt.29-02-2020 2/3 308, 354, 427, 451 and 379 of the IPC.

The prosecution case, as per the written report of Hari Shankar Kumar, dated 06.10.2019 submitted to the Station House Officer, Rahui Police Station, is to the effect that on the same day at about 7.00 A.M., the son of the informant, Sonu Kumar came running home in injured condition when all the accused persons including the petitioners also came chasing the son of the informant and they assaulted the son and other family members of the informant and also misbehaved with the female members of the informant.

It is submitted by learned counsel for the petitioners that the petitioners' side also lodged a case, being Rahui P.S. Case No. 372 of 2019 against the informant's side at earlier point of time. The impugned order suggests that all the injuries of the informant's side have been found simple. It is further submitted that the accusation against the petitioners is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the accusation against the petitioners

Patna High Court CR. MISC. No.2700 of 2020(2) dt.29-02-2020 3/3 being omnibus and general, nature of injuries and the case lodged by the petitioners' side against the informant's side at earlier point of time, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, 1st Nalanda at Biharsharif in connection with Rahui P.S. Case No. 373 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T