Jeetendar Lal Deo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38111 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== 1.

Jeetendar Lal Deo Son of Late Ram Ashis Lal Deo @ Late Ram Ashish Lal Deo Resident of Village - Atahar, P.S.- Baheri, District- Darbhanga. 2.

Hem Nath Lal Deo Son of Naval Kishore Lal Deo Resident of Village - Atahar, P.S.- Baheri, District- Darbhanga.

3.

Naval Kishore Lal Deo Son of Late Ram Ashish Lal Deo Resident of Village - Atahar, P.S.- Baheri, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-06-2024 Heard Mr. Girish Chandra Jha, learned counsel for the petitioners as well as Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Baheri P.S. Case No. 15 of 2024, F.I.R. dated 20.01.2024 for the offences punishable under Sections 341, 323, 325, 354(B), 379, 504 and 506/34 of the Indian Penal Code.

3. According to prosecution case, all these petitioners have abused and assaulted the informant's daughter by means of iron rod due to which she sustained injury on her hand and also snatched Rs. 45,000/- and a mobile phone from informant.

Patna High Court CR. MISC. No.38111 of 2024(2) dt.26-06-2024 2/3

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears from the F.I.R that there is no allegation of any assault or overt act attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including these petitioners.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances that there is no accusation of any assault or overt act against these petitioners and the petitioners have clean antecedent, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Judicial Magistrate 1st Class, Darbhanga in connection with Baheri P.S. Case No. 15 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.38111 of 2024(2) dt.26-06-2024 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Vanisha/- U T