Vikram Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19970 of 2024 Arising Out of PS. Case No.-588 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

Vikram Das Son of Late Badri Das Resident of village - Bara Bariyarpur, P.S.- Chhatauni, District - East Champaran.

2.

Rudal Das Son of Late Bhuteli Das Resident of village - Bara Bariyarpur, P.S.- Chhatauni, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Ms. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and from perusal of the allegation as alleged in the FIR, it would manifest that the allegation of assault against the petitioners is general and omnibus in nature. It is also submitted that no doubt informant has received injury, but then no specific allegation of assault is alleged against the petitioners. It is also submitted that

Patna High Court CR. MISC. No.19970 of 2024(3) dt.12-09-2024 2/3 petitioners were not even present at the place of occurrence. It is further submitted that petitioners will not abscond rather will co-operate in the investigation to prove their innocence.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhatauni P.S. Case No. 588 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioners despite giving assurance to this Court is not co-operating in the investigation or are not presenting themselves as and when required, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioners after

Patna High Court CR. MISC. No.19970 of 2024(3) dt.12-09-2024 3/3 recording reasons.

7. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

8. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T