Mintu Chaudhary @ Mintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18949 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.
Lukhiya Devi @ Lukha Devi W/o- Upendra Sahni 2.
Lakshmi Devi @ Laxmi Kumari W/o- Pardum Sahni. Both R/o Village- Vikrampur, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yogesh Kumar, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-04-2025 Heard Mr.Yogesh Kumar, learned counsel for the petitioners and Mr.Anil Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Cheriya Bariyarpur P.S.Case No.200 of 2024, FIR dated 14.11.2024 registered for the offences punishable under Sections 126(2),115(2),352,109(1),3(5) of BNS.
3. Allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant and her daughter with bamboo.
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
Patna High Court CR. MISC. No.18949 of 2025(2) dt.24-04-2025 2/3 named in the FIR but there is no specific allegation of any assault or overt-act attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners.
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 there is no specific allegation of any assault or overt-act attributed against the petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below 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 Sub Judge-cumA.C.J.M., Manjhaul, Begusarai in connection with Cheriya Bariyarpur P.S.Case No.200 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
Patna High Court CR. MISC. No.18949 of 2025(2) dt.24-04-2025 3/3 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. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T