Ram Bachan Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40820 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Ram Bachan Gond, son of Late Jokhu Gond Resident of Village - Dubey Ke Saraiya, P.S.- Chainpur, District- Kaimur at Bhabua 2.

Chhangur Kahar, son of Late Shiv Pujan Kahar Resident of Village - Dubey Ke Saraiya, P.S.- Chainpur, District- Kaimur at Bhabua 3.

Raju Gond, son of Late Ram Janam Gond Resident of Village - Dubey Ke Saraiya, P.S.- Chainpur, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Chainpur P.S. Case No.226 of 2018 for the offence punishable under Sections 341, 323, 504, 354, 307, 379, 448, 34 of the Indian Penal Code.

The allegation against the petitioner is that petitioner along with other accused persons assaulted the informant and family members due to dispute relating to drainage of water. The further allegation that petitioner and other accused snatched away golden chain and golden ear-rings from the informant. Learned counsel for the petitioner submits that the parties are neighbour and Gotia and the dispute pertains to

Patna High Court CR. MISC. No.40820 of 2019(2) dt.02-07-2019 2/2 drainage of water. He further submits that the injuries received on the person of informant is simple in nature as would be evident from the impugned order.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and upon perusal of the materials available on record,it appears that the allegation is of assault by Lathi, however, it appears that the injury suffered by informant are simple in nature and parties are neighbours and relatives. As such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioners, the petitioners shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Kaimur at Bhahua, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T