Rupan Bind And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13914 of 2018 Arising Out of PS. Case No.-90 Year-2017 Thana- GHOSI District- Jehanabad ======================================================

1. Rupan Bind,

2. Sanjay Bind, Both above mentioned are sons of Sukhdeo Bind, Residents of Village- Jhakhad, Police Station- Ghosi (Okari O.P.), District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are apprehending arrest in connection with Ghosi P.S. Case No. 90 of 2017 for the offence under sections 147, 148, 149, 323, 379, 411, 307 and 353 of the Indian Penal Code.

From the FIR, it appears that the informant was engaged in 'Feri' of Sari and Led TV in many villages. On 22.4.2017 one of the Led Televisions kept in the vehicle of the informant was found missing. He requested the villagers to help in recovery of the missing Led TV. Thereafter, in the village, altercation took place and some of the villagers made attempt to assault the informant in the meantime, some police constables assembled

Patna High Court Cr.Misc. No.13914 of 2018(2) dt.05-04-2018 2/3 and one of the constable sustained injury in the scuffle. The informant has alleged that from the villagers, it transpires that Shambhu Bind, Rupam Bind, Upendra Bind and Sanjay Bind including some female members were involved in the occurrence.

Learned counsel for the petitioners submits that there is no material to indicate that these petitioners were in fact involved in any activities which may be a ground to fix criminal liability against them.

Considering the fact that the petitioners have no criminal antecedent and there is no definite suggestion in the Fard-beyan that the petitioners have committed the crime of either assault or theft. The basis of Fard-beyan is the information gathered from the villagers.

In the aforesaid facts and circumstances, the court is inclined to grant anticipatory bail to the petitioners, let the petitioners, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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, Jehanabad, in connection

Patna High Court Cr.Misc. No.13914 of 2018(2) dt.05-04-2018 3/3 with Ghosi P.S. Case No. 90 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T