Gautam Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30859 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- KHAIRA District- Jamui ====================================================== GAUTAM RAVIDAS SON OF RAMESHWAR RAVIDAS Resident of Village-Khotabatand, Sokho, P.S.-Khaaira, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

The informant is subjected to assault by petitioner and others by way of farsa on his head resultantly he sustained injuries.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is admitted land dispute between the parties. He further submits that it appears from the F.I.R. that three persons

Patna High Court CR. MISC. No.30859 of 2022(2) dt.30-08-2022 2/3 have assaulted the informant but there is no specific allegation against the petitioner and it is not specific that as to who has assaulted first and last. There is general and omnibus allegation against the petitioner. He further submits that the injury report suggests that the informant sustained only one lacerated wound on the right side of scalp caused by a hard and blunt substance, which is simple in nature. The petitioner is rotting in judicial custody since 03.04.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Khaira P.S. Case No. 124 of 2022 with the following conditions:-

(1) Petitioner 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 his/her absence on two consecutive dates

Patna High Court CR. MISC. No.30859 of 2022(2) dt.30-08-2022 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the 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) brajesh/- U T