Ravi Kumar Maskara @ Ravi Maskara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24596 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== Ravi Kumar Maskara @ Ravi Maskara Son Of Govind Prasad Maskara Resident Of Village - Bich Bazar Ward No.21, P.S.- Raxaul, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27195 of 2022 Arising Out of PS. Case No.-502 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== 1.
Govind Prasad Maskara Son Of Late Rameshwar Prasad Maskara Resident Of Bich Bazar Ward No.- 21, P.S.- Raxaul, District - East Champaran. 2.
Nyrul Hoda @ Nurool Hoda Son Of Sakir Miyan Resident Of Gram Raghawta, P.S.- Raxaul, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 24596 of 2022) For the Petitioner/s :
Mr.Prince Kumar Mishra For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh (In CRIMINAL MISCELLANEOUS No. 27195 of 2022) For the Petitioner/s :
Mr.Prince Kumar Mishra For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
Patna High Court CR. MISC. No.24596 of 2022(2) dt.31-08-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 384, 448, 427, 504 and 506/34 of the Indian Penal Code.
Prosecution case is that while the informant was sitting at his home, petitioners along with other accused persons entered inside the house armed with iron rod and started breaking household articles. It has been alleged that petitioner Ravi Maskara assaulted the informant with iron rod on his head. It has been further alleged in the FIR that accused persons snatched gold chain, gold bangle and committed theft of Rs. 5 lakh from the house of the informant.
Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that one Partition Suit No. 367 of 2004 is pending in between the parties before the court of the learned Sub-ordinate Judge-12, East Champaran. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner in Cr. Misc. No. 24596 of 2022 has one criminal
Patna High Court CR. MISC. No.24596 of 2022(2) dt.31-08-2022 3/3 antecedent whereas rest of the petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that hairline fracture has been found upon the victim in eye socket. Considering the facts and circumstances of the case and the fact that all the injuries are simple in nature as revealed in the impugned order, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raxaul P.S. Case No. 502 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T