Baban Das @ Baban Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48665 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- PARAIYA District- Gaya ====================================================== 1.
Baban Das @ Baban Kumar Son Of Late Musafir Yadav @ Late Musafir Das Village- Sudhani, P.S.- Paraiya, Distt.- Gaya 2.
Vikki Das @ Biggi Das Son Of Late Musafir Yadav @ Late Musafir Das Village- Sudhani, P.S.- Paraiya, Distt.- Gaya 3.
Udesh Chamar @ Udeshwar Kumar Son Of Sarju Das Village- Sudhani, P.S.- Paraiya, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-08-2024
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Paraiya P.S. Case no. 28 of 2024 registered under sections 307, 379, 341, 323, 342, 506, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, the seven named accused persons including the petitioners herein are said to have come variously armed. It is stated that the accused started to abuse and assault the informant's father. Accused Vikram Das is
Patna High Court CR. MISC. No.48665 of 2024(2) dt.07-08-2024 2/3 said to have assaulted with an iron rod on the head of the father of the informant leading to serious injuries. Others also assaulted the informant's father.
4. Learned counsel for the petitioner submits that the petitioners have been falsely been implicated in the case. The manner of occurrence is other than what has been narrated in the F.I.R. There is case and counter case between the parties, the correct version having been stated in the F.I.R at Annexure-2 lodged by the mother of petitioner nos. 1 and 2. In any case the specific allegation of assault is on co-accused Vikram Das and not the petitioners herein. The allegations against the petitioners are general and omnibus in nature.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioners being general and omnibus in the F.I.R., specific allegation of assault on the father of the informant being that on co-accused Vikram Das and the petitioners not having any criminal antecedent, it is directed that all the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Paraiya P.S. Case no. 28 of 2024 on each
Patna High Court CR. MISC. No.48665 of 2024(2) dt.07-08-2024 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Gaya. (Partha Sarthy, J) Harsh/- U T