Shayam Babu Nat @Shyam Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18563 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1.
Shayam Babu Nat @Shyam Babu S/O Shivpujan Nat 2.
Akshay Nat @ Rakesh Nat@Achsay Nat S/O Shivpujan Nat 3.
Rinki Devi D/O Ripu Nat 4.
Ayesha Devi W/O Rajendra Nat 5.
Rajendra Nat S/O Late Sudhi Nat 6.
Fatma Devi W/O Shivpujan Nat 7.
Shivpujan Nat S/O Late Kapil Nat All Resident of Village- Bagahi, Netua Tola, Ward No. -05, P.S.- Bairiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2025 Heard Mr.Sujeet Kumar, learned counsel for the petitioners and Mr.Umanath Mishra, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Bairiya P.S.Case No.428 of 2024, FIR dated 04.12.2024 registered for the offences punishable under Sections 329(3),126(2),115(2),118(1),109,352 and 3(5) of the B.N.S.
3. The prosecution case, in short, is that the
2/4 informant's son was married with one daughter of Rajendra. On 04.12.2024 when his son did not come to house he asked to Rajendra Nat, who started abusing. Rajendra Nat asked to kill him, so one Ripu Nat attacked over his head. Informant's wife was assaulted by Shyam Babu, and his son was assaulted by Akshay Nat. Informant's daughter-in-law was attacked by Pinku Patwa.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. Although the petitioners are named in the FIR and there is specific allegation against them that they assaulted to the informant and his family members. Although the informant and his family members have received the injury but all the injuries received by them are simple in nature caused by hard and blunt substance.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, petitioners have clean antecedent and the injuries inflicted upon the injured persons are simple in nature, let the petitioners, above named, in the event of their arrest or surrender before the court below
3/4 within a period of thirty days from the date of receipt of the order, be released on 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 A.C.J.M., Bettiah, West Champaran in connection with Bairiya P.S.Case No.428 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners.
4/4 However, the acceptance of bail bonds in terms of the abovementioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T