Chhathu Gond @ Rajnath Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51961 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Chhathu Gond @ Rajnath Gond, Son of Daroga Gond, Resident of VillBarki Nainijor Lila Dera, P.S.- Nainijor, District- Buxar. 2.

Shanti Devi, Wife of Chhathu Gond @ Rajnath Gond, Resident of VillBarki Nainijor Lila Dera, P.S.- Nainijor, District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Brahampur P.S. Case No. 196 of 2024 registered for the alleged offences under Sections 341, 323, 325, and 308/ 34 of the Indian Penal Code.

3. As per prosecution case, the petitioners assaulted the informant causing fracture on his head and also assaulted the father of the informant who came for his rescue. The occurrence took place in the background of quarrel between the children of two families.

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in

Patna High Court CR. MISC. No.51961 of 2024(2) dt.21-08-2024 2/3 this case. The dispute arose due to quarrel between children and it was a free fight between two groups and the petitioners' side also received injuries but they did not lodge any case. Injury reports of the victims show simple injuries. The dimensions of the injuries show its non-serious nature. Petitioners are having clean antecedent.

5. Learned APP vehemently opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the background of dispute and further considering the simple nature of injuries of the victims coupled with clean antecedent of the petitioners as well as possibility of false accusation, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, 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 learned C.J.M., Buxar/ court concerned in connection with Brahampur P.S. Case No. 196 of 2024, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

Patna High Court CR. MISC. No.51961 of 2024(2) dt.21-08-2024 3/3 (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T