Shatrudhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27897 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== 1.
SHATRUDHAN KUMAR Son of Prashuram Sah 2.
Dhruv Prasad Sah @ Dhruv Sah Son of Late Kamal Deo Sah 3.
Sudama Prasad Sah @ Sudama Sah Son of Late Kamal Deo Sah All are Resident of Village - Nautan, Khaira Tola, P.S. - Nautan, District - West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 16-06-2021 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147,148,149,341,323,337,379,385,387,427,504 and 506 of the Indian Penal Code.
Informant has alleged that on 21.08.2020 at about 5:30 p.m., FIR named accused including the petitioners along with 7-8 unknown persons variously armed with weapons came at his shop by pick up van and started abusing and assaulting
Patna High Court CR. MISC. No.27897 of 2021(2) dt.16-06-2021 2/3 him. It is further alleged that they started demolishing wall of his shop and when brother of the informant came to rescue him, they also attacked upon him and started pelting stone and bricks. They took out Rs.30,000/- from the pocket of the informant. It has been submitted on behalf of the petitioners that they are innocent and have falsely been implicated in this case due to land dispute. There is case and counter case between the parties. It is further submitted that there was free fight between the parties due to land dispute and in such fight, both side sustained simple injury. Petitioners have no criminal antecedent.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nautan P.S. Case No.300 of 2020 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-
(1) Bailors should be local having sufficient 2021immovable property within the jurisdiction of the court
Patna High Court CR. MISC. No.27897 of 2021(2) dt.16-06-2021 3/3 concerned.
(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Sanjay/- U T