Ranu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39440 of 2018 Arising Out of PS.Case No. -175 Year- 2018 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================
1. Ranu, S/o Paras resident of Village - Bathani Tola, Jangalia, P.S. + District - Gopalganj.
2. Rajan Sah, S/o Anil Sah
3. Omprakash, S/o Sanjay Prasad Both residents of Village - Media, P.S. + District - Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-07-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 504, 427, 337 and 379/34 of the Indian Penal Code.
The prosecution case as per the written report of Manjar Kyum submitted to the Station House Officer, Gopalganj Town P.S., is to the effect that on 14.04.2018, the informant along with his friend Shakil Ahmad was returning after attending the marriage ceremony by his car, in the midway, two persons came on a motorcycle and dashed the car of the
Patna High Court Cr.Misc. No.39440 of 2018 (2) dt.09-07-2018 informant. On protest being made, they started abusing and threatened him. It is further alleged that after some distance, the accused persons along with 10-15 unknown persons again overtook the car of the informant and started damaging the car of the informant by hitting through iron rod and co-accused Arvind repeatedly assaulted the informant with knife and petitioner no. 3, Omprakash took out Rs.45,000/- from the pocket of the informant.
It is submitted by learned counsel for the petitioners that for the occurrence of 14.04.2018 at 4.30 P.M., the FIR has been registered on 15.04.2018 at 3.30 P.M. and, in fact, the informant side dashed the motorcycle of petitioner no. 2 by his car, for which, a case has been lodged by petitioner no. 2, Rajesh Sah against the informant and others being Complaint Case No. 708 of 2018. The injury has been found to be simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP, however, submits that the accusation is specific against the petitioners. Considering the fact that accusation of assault is against co-accused Arvind and a statement has been made in paragraph 3 of the petition that the petitioners are not having any
Patna High Court Cr.Misc. No.39440 of 2018 (2) dt.09-07-2018 criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 175 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T