Arbind Kumar @ Govinda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46091 of 2022 Arising Out of PS. Case No.-390 Year-2021 Thana- KHAIRA District- Saran ====================================================== 1.
Arbind Kumar @ Govinda Son of Wakil Ram Resident of village - Bhikhampur, Police Station- Khairah, District - Saran at Chapra. 2.
Sonu Kumar Son of Wakil Ram Resident of village - Bhikhampur, Police Station- Khairah, District - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narendra Kumar, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 379, 354(b), 504 and 506 of the Indian Penal Code.
According to the prosecution case, the petitionersaccused persons and co-accused assaulted the informant and his wife and and co-accused, namely, Wakil Ram knocked down the
Patna High Court CR. MISC. No.46091 of 2022(2) dt.23-11-2022 2/3 wife of the informant with intention to commit rape and also snatched gold mangal sutra from her and fled away. Learned counsel for the petitioners submits that the petitioner have clean antecedent and they have falsely been implicated in the present case due to land dispute. He further submits that both the parties are pattidar. He further submits that there is case and counter case between the parties. He further submits that the injury is grievous in nature and caused by hard and blunt object.
The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioners.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Khaira P.S. Case No. 390 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-
Patna High Court CR. MISC. No.46091 of 2022(2) dt.23-11-2022 3/3
1. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
2. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) vanisha/- U T