Bhagwan Gond And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33158 of 2017 Arising Out of PS.Case No. -273 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Bhagwan Gond , S/o Narsingh Gond,

2. Bablu Gond, Son of Bhagwan Gond,

3. Manoj Gond Son of Bhagwan Gond,

4. Binod Gond Son of Bhagwan Gond,

5. Shri Ram Gond Son of Timal Gond,

6. Arun Gond Son of Makanu Gond,

7. Chintu Gond Son of Shree Ram Gond All R/o Village- Palka, P.s.- Bhabhua, District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Nath Singh Yadav For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Bhabhua P.S. Case No. 273 of 2017 registered for offences under sections 341, 323, 324, 379, 307, 114/34 of the Indian Penal Code.

In this case, an allegation has been made that while the Informant was running his Bijali Pump, the accused no.1 Bhagwan Gond came with his goat which entered into the agriculture field of the Informant and started grazing the crops, when the Informant objected for the same, then accused Bhagwan

Patna High Court Cr.Misc. No.33158 of 2017 (2) dt.21-07-2017 Gond called his other men and started beating the Informant. Specific allegation has been made against the accused Bablu Gond, petitioner no.2, to have caused injury on the head of the Informant.

There being direct allegation against the petitioner no.2, namely, Bablu Gond, this Court is not inclined to grant privilege of anticipatory bail to him.

Accordingly, the prayer for anticipatory bail of the petitioner no.2, Bablu Gond, is rejected.

Looking to the entire facts and circumstances of the case, let the petitioner nos. 1, Bhagwan Gond, 3. Manoj Gond, 4. Binod Gond, 5. Shri Ram Gond, 6. Arun Gond and 7. Chintu Gond, 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 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 273 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Rishi/- U T