Ramesh Saw @ Ramesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4114 of 2021 Arising Out of PS. Case No.-210 Year-2020 Thana- GAURICHAK District- Patna ====================================================== 1.

Ramesh Saw @ Ramesh Kumar Gupta Son Of Shankar Saw Resident Of Village- Manoharpur Mushari, P.S. - Gaurichak, District- Patna 2.

Awadhesh Saw @ Awadhesh Kumar Son Of Shankar Saw Resident Of Village- Manoharpur Mushari, P.S. - Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mrs. Pushpa Kumari, APP For the Informant :

Mr. Tej Narain Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 448, 504, 506, 302, 120(B) and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the the accused persons came to the house of the informant in search of his brother and assaulted family members. When his brother came, he was assaulted by them due to which he sustained

Patna High Court CR. MISC. No.4114 of 2021(2) dt.20-07-2021 2/3 injuries and later succumbed to the injuries. It has been submitted on behalf of the petitioners that the petitioner no. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. No specific overt act is alleged against the petitioners. Specific allegation of assault is alleged against the co-accused namely Shashi Bhushan Singh. Altogether six persons are named in the F.I.R.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M.- 1st, Patna City in connection with Gaurichak P.S. Case No. 210/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of

Patna High Court CR. MISC. No.4114 of 2021(2) dt.20-07-2021 3/3 eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T