Shyam Bihari Puri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2781 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- SURYAPUR District- Rohtas ====================================================== 1.
Shyam Bihari Puri, Male, aged about 25 years, son of Rajendra Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 2.
Ajit Puri, Male, aged about 20 years, son of Dinesh Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 3.
Dinesh Puri, Male, aged about 45 years, son of Late Janki Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 4.
Om Prakash Puri, Male, aged about 22 years, son of late Jagdev Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 5.
Loha Puri, Male, aged about 48 years, son of Jagmohan Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 6.
Anohi Puri, Male, aged about 35 years, son of Late Jagmohan Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 7.
Santosh Puri, Male, aged about 24 years, son of Munmun Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. 8.
Chandrama Puri, Male, aged about 55 years, son of Ram Jee Puri, Resident of Village- Dabariyan, Mathiyan, P.S.- Suryapura, District- Rohtas. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Satyendra Pandey, Advocate.
For the Opposite Party :
Mrs. Renu Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.
2/4 Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application filed on behalf of petitioner nos. 3 and 7, namely, Dinesh Puri and Santosh Puri, respectively, as they have already been taken into judicial custody in connection with Suryapur P.S. Case No. 19/ 2020, pending in the court of learned A.C.J.M., Bikramganj, Rohtas.
Permission is accorded.
Accordingly, the present anticipatory bail application filed on behalf of petitioner nos. 3 and 7, namely, Dinesh Puri and Santosh Puri, respectively, is dismissed as withdrawn. Now, the remaining petitioner nos. 1, 2, 4, 5, 6 and 8 are apprehending their arrest in a case for the offence registered under Sections 147, 149, 341, 323, 307, 504, 506 of the I.P.C. and 27 of the Arms Act.
The prosecution story, in brief, is that on the alleged date and time of occurrence, the informant was sitting with his brother Anil Giri and his mother at his door. In the meantime, Shyam Bihari Puri (petitioner no. 1) and Ajit Puri (petitioner no.
2) came there and started to abuse them and on asked the rest accused persons appeared there and also started to assault them by means of Lathi specially co-accused Dinesh Puri and Ajit
3/4 Puri (petitioner no. 2) assaulted by means of Lathi over the head of the informant. Co-accused Dinesh Puri and Om Prakash Puri (petitioner no. 4) assaulted to Anil Giri on his head by means of Lathi. The accused persons also assaulted the mother of the informant. It is further alleged that Shyam Bihari Puri (petitioner no. 1) went at his house and came with Katta and opened fire but which did not hit him.
It has been submitted by learned counsel for the petitioners that the petitioner nos. 5, 6 and 8 have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against them. They have falsely been implicated in the present case. The alleged occurrence is said to have taken place for a petty reason. Nature of injury is said to be superficial in nature.
On behalf of the learned counsel for the State, it has been submitted that the petitioner nos. 1, 2, 4, 5, 6 and 8 are named in the F.I.R.
Considering the aforesaid facts and circumstances of the case, the petitioner nos. 1, 2, 4, 5, 6 and 8, namely, Shyam Bihari Puri, Ajit Puri, Om Prakash Puri, Loha Puri, Anohi Puri and Chandrama Puri, respectively, (except petitioner nos. 3 and 7, namely, Dinesh Puri and Santosh Puri, respectively) in the
4/4 event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnising bail bonds of Rs. 10,000/- (Rupees Ten Thousand) Only each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas, in connection with Suryapur P.S. Case No. 19 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) U.K./- U T