Vindey Saday @ Binde Saday v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38336 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== 1.
Vindey Saday @ Binde Saday S/O Binod Saday Resident of Village- Madna, P.S -Andhratharhi,, District- Madhubani 2.
Mantoriya Devi W/O Sirhu Saday @ Kameshwar Saday Resident of VillageMadna, P.S -Andhratharhi,, District- Madhubani 3.
Mushani Devi @ Munni Devi W/o Parmeshwar Saday @ Loday @ Loday Saday @ Loday Saday Resident of Village- Madna, P.S -Andhratharhi,, District- Madhubani 4.
Parmeshwar Saday @ Loday @ Loday Saday S/o Jagde Saday Resident of Village- Madna, P.S -Andhratharhi,, District- Madhubani 5.
Sumitra Devi @ Mantoria Kumari D/o Bhogi Saday Resident of VillageMadna, P.S -Andhratharhi,, District- Madhubani 6.
Shila Devi W/o Ramashish Mahto Resident of Village- Madna, P.S -Andhratharhi,, District- Madhubani 7.
Meena Devi S/O Ramchandra Saday Resident of Village- Madna, P.S -Andhratharhi,, District- Madhubani 8.
Bikau saday @ Vikau Saday S/o Kailu Saday Resident of Village- Madna, P.S -Andhratharhi,, District- Madhubani 9.
Ranjit Kumar Mahto @ Ranjit Kumar S/o Bindeshwar Mahto Resident of Village- Kobhua, P.S -Andhratharhi,, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2025 Heard Mr. Jitendra Kumar Bharti, learned counsel for the petitioners and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Andhratharhi P.S. Case No. 147 of 2024, F.I.R.
Patna High Court CR. MISC. No.38336 of 2025(2) dt.23-06-2025 2/3 dated 23.10.2024 for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 132, 324, 109, 121(A), 121(2), 312 and 351(2) of the B.N.S., 2023.
3. According to prosecution case, the petitioners were creating obstacle in WPU work.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the F.I.R., the petitioners are named in the F.I.R. but there is no specific allegation of any assault or overt act 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, 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 A.C.J.M.-II, Jhanjarpur in connection with Andhratharhi P.S. Case No. 147 of 2024, subject to the conditions as laid down under Section 438(2)
Patna High Court CR. MISC. No.38336 of 2025(2) dt.23-06-2025 3/3 of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper 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) Jyoti Kumari/- U T