Deo Nath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25645 of 2024 Arising Out of PS. Case No.-521 Year-2023 Thana- PIRO District- Bhojpur ====================================================== 1.
Deo Nath Singh son of Shiv Shankar Singh 2.
Rajesh Singh son of Late Deomuni Singh Both R/o Village- Balua Tola Ps- Piro Dist- Bhojpur 3.
Bajrangi Singh son of Ramayan Singh.
4.
Mantosh Singh son of Ramayan Singh.
Both R/o Village- Narayanpur Ps- Hasan Bazar Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jawed Gaffar Khan, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2024 Heard Mr.Jawed Gaffar Khan, learned counsel for the petitioners and Mr.Kumar Veerendra Narayan, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Piro P.S.Case No.521 of 2023, FIR dated 14.12.2023 registered for the offences punishable under Sections 341,323,504,506,379,307/34 of the Indian Penal Code.
3. The prosecution case, in brief, is that the informant alleged that on 14.12.2023 he was going to bazar when he reached near the house of Lagan Singh four accused persons assaulted and also abusing him, after restraining, they also
2/4 assaulted to the informant with lathi and Mukka then he sustained head injury and the accused persons have also injured the brother of the informant. Rajesh Singh has snatched a golden chain from the neck of the informant and Mantosh Singh picked of Rs.2000/- from the pocket of informant.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioners have not committed any offence as alleged in the FIR. Although there is allegation against the petitioners that they assaulted to the informant and his family members, namely, Arvind Kumar, Amit Kumar and Ashok Kumar and although they have received injury but the injury report of the aforesaid injured persons suggest that the injury is 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 injury inflicted upon the informant's side is simple in nature, let the petitioners, above named, in the
3/4 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 10th Additional District and Sessions Judge, Bhojpur, Ara in connection with Piro P.S.Case No.521 of 2023, 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. However, the
4/4 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