Shyam Sunder Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43944 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== 1.
SHYAM SUNDER BIND Son of Gopi Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 2.
Dadan Bind Son of Gopi Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 3.
Baban Bind Son of Gopi Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 4.
Dhiraj Bind Son of Shyam Sunder Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 5.
Satendra Bind Son of Kanta Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 6.
Tuntun Bind Son of Shankar Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 7.
Nawami Bind Son of Shankar Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 8.
Chhangur Bind Son of Shankar Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 9.
Shambhu Bind Son of Bhokhari Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua 10.
Raj Kumar Bind Son of Haridwar Bind Resident of village - Daridih, P.S. - Bhabua, Distt. - Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379, 307, 354 and other allied Sections of the Indian Penal Code.
Patna High Court CR. MISC. No.43944 of 2023(3) dt.28-08-2023 2/3
3. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant's side by means of several weapons. It is also alleged that the petitioners snatched golden ornaments from the informant and her family.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that the injuries are simple in nature. Petitioner nos.2, 3, 4, 6, 7, 8, 9, 10 have no criminal antecedent, petitioner no.1 has two criminal antecedent whereas petitioner no.5 has one criminal antecedent, which is stated by the learned counsel for the petitioners by way of supplementary affidavit.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioners, be released on bail, in the event of their
Patna High Court CR. MISC. No.43944 of 2023(3) dt.28-08-2023 3/3 arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bhabua P.S. Case No.198 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T