Ramchandra Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16869 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== 1.
Ramchandra Bind Son of Kameshwar Bind Resident of village - Sahasrama, P.S.- Ariari, District - Sheikhpura 2.
Bhaso Bind Son of Meghu Bind Resident of village - Sahasrama, P.S.- Ariari, District - Sheikhpura 3.
Rajo Bind Son of Late Kailu Bind Resident of village - Sahasrama, P.S.- Ariari, District - Sheikhpura 4.
Dano Bind Son of Late Kailu Bind Resident of village - Sahasrama, P.S.- Ariari, District - Sheikhpura 5.
Sanjeet Bind Son of Late Laxman Bind Resident of village - Sahasrama, P.S.- Ariari, District - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-05-2023 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners are apprehending their arrest in connection with Ariyari P.S. Case No. 298 of 2022, registered for the offence punishable under Sections 147, 149, 341, 323, 385, 506 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
As per allegation in the FIR, while by the informant was ploughing his field, 11 accused persons including
Patna High Court CR. MISC. No.16869 of 2023(2) dt.25-05-2023 2/3 these petitioners and 10 to 15 unknown persons have assaulted the informant.
The learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is no overt act against these petitioners. There is land dispute between the parties. Allegation of firing is totally false and fabricated. Petitioners have no criminal antecedents. Co-accused, namely, Indal Bind has been granted the privilege of bail by order dated 25.05.2023, passed in Cr. Misc. No. 17762 of 2023.
The learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, nature of allegation in the FIR as also the clean antecedents of the petitioners, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioners' counsel. Prayer for bail is allowed. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with
Patna High Court CR. MISC. No.16869 of 2023(2) dt.25-05-2023 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Nawada in connection with Ariyari P.S. Case No. 298 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also the following conditions:
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U