Shiv Ratan Das @ Siv Ratan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13721 of 2021 Arising Out of PS. Case No.-24 Year-2019 Thana- IMAMGANJ District- Gaya ====================================================== 1.

Shiv Ratan Das @ Siv Ratan Das, aged about 55 years, male, Son of Late Jagdish Sao.

2.

Pappu Kumar, aged about 22 years, male, Son of Shiv Ratan Das @ Siv Ratan Das.

3.

Dipu Kumar @ Dippu Kumar, aged about 21 years, male, Son of Shiv Ratan Das @ Siv Ratan Das.

All are resident of Village- Matachak Pandepura, P.S.- Imamganj, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Imamganj P.S. Case No. 24 of 2019 instituted for the offences under Sections 341, 323, 504, 506, 307, 379 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.13721 of 2021(2) dt.03-01-2022 2/3 The petitioners are said to have assaulted the victim and others.

It has been submitted on behalf of the petitioners that because of the victim behaving in a drunken manner, he was forbade from doing so. Instead of mending his ways, the informant started fighting with the petitioners and their family members. In the scuffle, the victim has received superficial injuries. Unfortunately, later, one of the injuries on the person of the victim was found to be grievous. There was a fracture of a rib bone in the chest-cage. It has further been submitted that the possibility of the victim having fallen on the ground in the scuffle cannot be ruled out. The whole occurrence arose because of the victim behaving in an irrational manner in a drunken stupor. Considering the background facts and the general and omnibus allegation of assault at the hands of all the petitioners and prima facie, in the first instance, the injuries being only in the nature of abrasion, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be

Patna High Court CR. MISC. No.13721 of 2021(2) dt.03-01-2022 3/3 released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sherghati, Gaya in connection with Imamganj P.S. Case No. 24 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T