Radha Kishun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11601 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- RAJEPUR District- East Champaran ====================================================== Radha Kishun Prasad Son of Late Fudena Bhagat @ Fudeni Bhagat Resident of Village-Tajpur Saraiya, P.S.-Rajepur, District-East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 448, 323, 324, 379, 354B, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant by means of Dab.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that occurrence take place on 13.12.2019 but FIR was lodged on 23.12.2019 and there is no explanation of such delay. He submits that there is general and omnibus allegation upon the petitioner. He submits that injury found upon the victim is grievous in nature. He further submits that petitioner bears no criminal antecedent and he is languishing in

Patna High Court CR. MISC. No.11601 of 2021(2) dt.13-07-2021 2/3 judicial custody since 07.10.2020 Considering the facts and circumstances of the case and the fact that there is land dispute between the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajepur P.S. Case No. 154 of 2019, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to who he is related with the petitioners. He will also undertake to inform the court if there is any change in the address of the petitioners.

(II) that the petitioners will be well represented on each and every date fixed in the case and if they fail to do so on two consecutive dates their bail bonds shall be liable to be cancelled.

(III) that the petitioners will mark their attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of their bail bond.

Patna High Court CR. MISC. No.11601 of 2021(2) dt.13-07-2021 3/3 (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T