Jitendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41116 of 2020 Arising Out of PS. Case No.-194 Year-2020 Thana- BARHARA District- Bhojpur ====================================================== 1.

Jitendra Bind Son Of Mangal Bind Resident Of Village - Ghaghar, P.S.- Krishnagarh, Distt.- Bhojpur.

2.

Vikash Bind Son Of Mangal Bind Resident Of Village - Ghaghar, P.S.- Krishnagarh, Distt.- Bhojpur.

3.

Bhekhu Bind @ Beku Bind Son Of Subha Bind Resident Of Village - Ghaghar, P.S.- Krishnagarh, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar- Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-07-2021 Heard Mr. Anil Kumar, the learned Advocate for the petitioners and Mr. Surendra Prasad Singh, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Barhara (Krishnagarh) P. S. Case No.194 of 2020, instituted for the offences under Sections 341, 323, 324, 379, 506/ 34 of the Indian Penal Code.

The allegation in the F.I.R. is that while the informant was returning to his home after selling vegetables, he was attacked by the petitioners and was injured.

The learned Advocate for the petitioners has submitted that there is no injury report on record and no motive also has been assigned in the F.I.R. for the petitioner to have

Patna High Court CR. MISC. No.41116 of 2020(2) dt.24-07-2021 2/2 assaulted the informant.

In fact, the petitioners have suggested a motive for them to be falsely implicated in this case. The informant is trying to put pressure on his own sister-in-law to withdraw her case which she has filed against him in the past. The petitioners are the own brothers of the sister-in-law of the informant. Precisely for this reason, the F.I.R. has been lodged with such a vague accusation.

Regard being had to the afore-stated facts, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara (Krishnagarh) P. S. Case No.194 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T