Heera Lal Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13433 of 2024 Arising Out of PS. Case No.-413 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Heera Lal Modi Son of Late Bishnudeo Mahto R/o Village- Barahri Ptilwa, P.S.- Sadar, Distt.- Purnia 2.

Sharwan Kumar Modi Son of Heeralal Modi R/o Village- Barahri Ptilwa, P.S.- Sadar, Distt.- Purnia 3.

Ram Kumar Modi @ Ram Kumar Son of Heeralal Modi R/o VillageBarahri Ptilwa, P.S.- Sadar, Distt.- Purnia 4.

Bina Devi Wife of Heeralal Modi R/o Village- Barahri Ptilwa, P.S.- Sadar, Distt.- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bidhu Ranjan For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-03-2024 Heard the learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners apprehend their arrest in connection with Sadar P.S. Case No. 413 of 2022, registered for the offences punishable under Sections 450, 341, 323, 307, 379, 506 of the Indian Penal Code.

3. As per allegation, all the accused persons in furtherance of their common intention, entered into house of informant and started assaulting the informant, his wife and children and in consequence thereof, petitioner No. 1 is said to

Patna High Court CR. MISC. No.13433 of 2024(2) dt.12-03-2024 2/3 have given iron rod blow on the head of the informant with intention to kill due to which, the informant sustained injury on his head. In course of occurrence, silver chain from the neck of his wife was snatched away.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. It has further been submitted that the petitioner No. 1 is own brother of the informant. Petitioners are persons of clean antecedent.

5. Learned APP for the state has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory 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 Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 413 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. as also with further conditions as follows: (i) The petitioners will appear physically on each and every date fixed by the trial court and if, the petitioners fail to

Patna High Court CR. MISC. No.13433 of 2024(2) dt.12-03-2024 3/3 appear on three consecutive dates, the bail bonds of the petitioners shall be liable to be cancelled.

(ii) After accepting bail bond of the petitioners, the court below will verify their criminal antecedents and if, it is found that they are involved in any other case except the present one, their bail bond shall liable to be cancelled. (iii) If, the petitioners are found involved in any other case of similar nature subsequent to this order, their bail bond shall liable to be cancelled.

(Nawneet Kumar Pandey, J) A.K.V.//- U T