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Patna High CourtCR. MISC./35805/2021bail rejected

Rajan Gond v. The State Of Bihar

2021-09-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35805 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- DURAULI District- Siwan ====================================================== 1.

RAJAN GOND S/O- Umashankar Gond R/O Village - Kanaila, P.S. - Darauli, District - Siwan.

2.

VIKASH GOND S/O - Panchdev Gond R/O Village - Kanaila, P.S. - Darauli, District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under Section 324, 307 and some other minor Sections of the Indian Penal Code.

As per the prosecution case, on 25.08.2020 at about 8 PM, these petitioners after taking wine started abusing the informant and on protest they are alleged to have assaulted the informant with sword on his head causing grievous injuries. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. There is case and counter case in which both sides

Patna High Court CR. MISC. No.35805 of 2021(2) dt.16-09-2021 2/2 sustained injuries. The petitioners and informant are covillagers. Petitioner No.1 is in custody since 17.03.2021 and petitioner No.2 is in custody since 16.03.2021 and investigation in this case is complete .

Learned counsel appearing for the State opposes the prayer for bail and submits that there is direct and specific allegation against these petitioners of assaulting the informant with sword causing grievous injuries.

Considering the facts of the case and the nature of accusation, I am not inclined to enlarge the petitioners on bail. Accordingly, the same is rejected.

However, once charge is framed and trial commences, the petitioners, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioners will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T