Kanhaiya Patel @ Kanhaiya Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 31875 of 2020 Arising Out of PS Case No.-131 Year-2020 Thana- SISWAN District- Siwan ====================================================== 1.
Kanhaiya Patel @ Kanhaiya Prasad, Male aged about 27 years, Son of Late Vazir Patel.
2.
Chandan Patel, Male, aged about 26 years, Son of Late Vazir Patel. 3.
Suraj Patel @ Suraj Kumar, Male, aged about 21 years, Son of Late Shankar Patel.
4.
Bhim Patel, Male, aged about 19 years, Son of Late Shankar Patel. 5.
Baliram Patel @ Baliram Prasad, Male aged about 48 years, Son of Late Raja Patel.
All are resident of Village-Chainpur, PS-Siswan Chainpur OP DistrictSiwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udit Narayan Singh, Advocate For the State :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-03-2021 Heard Mr. Udit Narayan Singh, learned counsel for the petitioners and Ms. Gulnar Begum, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioners apprehend arrest in connection with Siswan (Chainpur OP) PS Case No. 131 of 2020 dated 28.06.2020, instituted under Sections 341/323/324/307/379/504/ 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioners is of assault by lathi, danda and iron rod and specifically against petitioner no. 3
Patna High Court CR. MISC. No.31875 of 2020 dt.05-03-2021 2/3 of hitting on the head of the informant with iron rod and against petitioner no. 1 of snatching gold chain worth Rs. 35,000/- and against petitioner no. 4 of taking Rs. 5,000/- from the pocket of the informant whereas petitioner no. 5 is said to have extorted the accused to assault.
4. Learned counsel for the petitioners submitted that an accident occurred for which there is also counter case and it is the informant side which had come to the shop of the petitioners and after eating sweets refused to pay and had also assaulted. It was submitted that the injury has been caused on the side of the petitioners also and on both sides the injury is simple in nature. It was further submitted that the allegation of snatching of gold chain and cash is ornamental and further that the petitioners have clean antecedent.
5. Learned APP submitted that the allegation is of assault and snatching of gold chain and cash.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.31875 of 2020 dt.05-03-2021 3/3 learned Judicial Magistrate, Siwan in Siswan (Chainpur OP) PS Case No. 131 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 and further, (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners and they shall co-operate with the police/prosecution and the Court. Any violation of the terms and conditions of the bonds or the undertaking and failure to co-operate shall lead to cancellation of their bail bonds.
7. It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners.
8. The application stands disposed off in the aforementioned terms.
(Ahsanuddin Amanullah, J.) Anand Kr.
AFR/NAFR U T