Shashi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18290 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- PARSA District- Saran ====================================================== 1.
SHASHI KUMAR Son of Late Dharam Nath Das Resident of Village - Chetan Parsa, P.S.- Parsa, District- Saran. At Chapra 2.
Daya Nand Das @ Dayanand Kumar Son of Ram Raj Das Resident of Village - Chetan Parsa, P.S.- Parsa, District- Saran. At Chapra 3.
Rajesh Das Son of Late Rangila Das Resident of Village - Chetan Parsa, P.S.- Parsa, District- Saran. At Chapra 4.
Dharmendra Kumar Raj @ Dhamendra Kumar Son of Jai Ram Das Resident of Village - Chetan Parsa, P.S.- Parsa, District- Saran. At Chapra 5.
Vijay Kumar Son of Jai Ram Das Resident of Village - Chetan Parsa, P.S.- Parsa, District- Saran. At Chapra 6.
Jay Ram Das Son of Rajendra Das Resident of Village - Chetan Parsa, P.S.- Parsa, District- Saran. At Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udai Shankar Singh For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 147, 149, 308 and 435
Patna High Court CR. MISC. No.18290 of 2020(2) dt.13-08-2020 2/3 of the Indian Penal Code.
Allegedly, while the informant was at home, the accused persons having armed with Lathi, danda and rod came there and started abusing and assaulting him. It is further alleged that while the family members of the informant came to rescue, they were also assaulted. The occurrence is said to have taken place in the backdrop of land dispute.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-II, Saran at Chapra in connection with Parsa P.S. Case No. 369 of 2019 subject to
Patna High Court CR. MISC. No.18290 of 2020(2) dt.13-08-2020 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T