Ram Ratan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43318 of 2023 Arising Out of PS. Case No.-324 Year-2020 Thana- PANDAUL District- Madhubani ====================================================== 1.
RAM RATAN DAS S/O LATE MOHIT DAS R/O VILLAGEGANGAPUR, PS. PANDAUL, DIST. MADHUBANI 2.
LAXMAN DAS S/O RAM RATAN DAS R/O VILLAGE- GANGAPUR, PS. PANDAUL, DIST. MADHUBANI 3.
PINKU DAS S/O RAM RATAN DAS R/O VILLAGE- GANGAPUR, PS. PANDAUL, DIST. MADHUBANI 4.
WAKIL DAS S/O RAM RATAN DAS R/O VILLAGE- GANGAPUR, PS. PANDAUL, DIST. MADHUBANI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 308, 504 and 506/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioner nos. 1 and 4 has antecedent of one case and petitioner nos. 2 and 3 are persons with clean antecedent.
4. The informant alleges that on 09.11.2020 all the accused persons including the petitioners assaulted him causing injury on the head and his right hand was fractured while
Patna High Court CR. MISC. No.43318 of 2023(2) dt.18-08-2023 2/3 Laxman Das (petitioner no. 2) snatched mobile and other accused persons took cash of Rs.5,000/-.
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that there is no specific allegation of assault alleged against the petitioners. It is next submitted that from the side of the petitioners also Pandaul P.S. Case No. 286 of 2020 was instituted. It is also submitted that both sides assaulted each other in which both sides received injuries. It is further submitted that no doubt the injury suffered by the injured is on temporal region caused by sharp cutting weapon and is grievous but then no specific allegation is alleged against the petitioners and both sides have received injuries.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.43318 of 2023(2) dt.18-08-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pandaul P.S. Case No. 324 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T