Ravi Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41951 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
RAVI KUMAR SHARMA SON OF RAJENDRA SHARMA RESIDENT OF VILLAGE- CHILMIL, PS- MUFFASIL, DISTT- BEGUSARAI 2.
SIKANDAR RAJAK SON OF GANDORI RAJA @ GOPAL RAJAK RESIDENT OF VILLAGE- CHILMIL, PS- MUFFASIL, DISTTBEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2023 Heard the learned Counsel for the petitioners and Mr. Bharat Bhushan, who represent the State.
The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 151 of 2023 for the offence punishable under Sections 341, 323, 353, 504/ 34 of the I.P.C lodged on 13.03.2023 by the informant Rohit Raj. As per the prosecution story, the informant constituted a team for the recovery of the dues of the department and also to disconnect the electric line and the allegation is that when they reached the house of Pinki Devi, these petitioners abused and assaulted the informant. Accordingly the FIR. From the petition on record, it surfaces that the
Patna High Court CR. MISC. No.41951 of 2023(2) dt.02-08-2023 2/3 petitioner do not have criminal antecedent, it is the case of the learned counsel for the petitioners that they have been forcibly implicated in this case and further both the petitioners are ready to pay Rs. 2,000/- each to the Chief Minister Relief Funds. Mr. Bharat Bhusan APP opposes the prayer stating that they have assaulted the Government officials. Considering the fact that the two petitioners do not have criminal antecedent, FIR lodged ultimately they have to face the trial, this Court is inclined to extend him the privilege of anticipatory bail subject of payment of Rs. 2,000/ each by both of them to the Chief Minister Relief Fund.
Let the petitioners, in the event of their arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M, Begusarai in connection with Muffasil P.S. Case No. 151 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(ii) the petitioners shall appear on each and every date
Patna High Court CR. MISC. No.41951 of 2023(2) dt.02-08-2023 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Jagdish/Jyoti/- U T