Ramdeo Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4038 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== 1.
RAMDEO MISTRY son of KAILU MISTRY resident of Village-Bakiyabag, Police Station-Halsi, District-Lakhisarai 2.
Arjun Mistry son of Kailu Mistry resident of Village-Bakiyabag, Police Station-Halsi, District-Lakhisarai 3.
Chhotu Kumar son of Arjun Mistry resident of Village-Bakiyabag, Police Station-Halsi, District-Lakhisarai 4.
Ram Pravesh Kumar son of Arjun Mistry resident of Village-Bakiyabag, Police Station-Halsi, District-Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 323, 324, 341, 307, 504, 506 of the Indian Penal Code.
Allegedly, the accused persons were uploading the pieces of palm tree in front of house of the informant, which was
Patna High Court CR. MISC. No.4038 of 2021(2) dt.15-07-2021 2/3 protested and in consequence thereof, the accused persons having armed with, abused and assaulted the informant. When the informant's father and grand father came to rescue the informant, they were also assaulted.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Both sides sustained injuries. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Judicial Magistrate-Ist Class, Lakhisarai in connection with Halsi P.S. Case No. 110 of 2020 subject to the conditions
Patna High Court CR. MISC. No.4038 of 2021(2) dt.15-07-2021 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T