Uran Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48616 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Uran Bind, Son Of Gariban Bind Resident Of Village- Ghorahuwan, PsMasaurhi, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Pandit, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and the learned Additional Public Prosecutor (for brevity 'APP') for the State.
2. The petitioner is apprehending his arrest in connection with Masaurhi P.S. Case No. 134/ 2023 registered for the offence punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code (for brevity 'IPC').
3. There is allegation that the petitioner, along with three
(3) other co-accused, has assaulted and abused the informant and his family members.
4. Learned counsel for the petitioner submits that over a trivial dispute, there was a quarrel between the parties on 26-022023; alleged date of occurrence. As an afterthought, First Information Report (for brevity 'F.I.R.') has been lodged two
(2) days thereafter on 28-02-2023, wherein, there is allegation
Patna High Court CR. MISC. No.48616 of 2023(2) dt.11-08-2023 2/3 that the petitioner has assaulted the informant by 'iron rod' on his head. There is no injury report to support the allegation. Prosecution party and the petitioner are neighbours. Petitioner is stated to be man of clean antecedents.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Having regard to the submissions advanced by the petitioner's counsel, the fact that there is no injury report, clean antecedents of the petitioner and delay in lodging of the case, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.
7. Accordingly, let the petitioners, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Masaurhi, Patna, in connection with Masaurhi P.S. Case No. 134/2023, subject to the following conditions:
(i) That one of the bailors of each of the petitioner will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner concerned.
Patna High Court CR. MISC. No.48616 of 2023(2) dt.11-08-2023 3/3 The bailors will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
(Madhuresh Prasad, J) Raj kishore/- U T