Raju Gond @ Raj Kumar Gond v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50680 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== RAJU GOND @ RAJ KUMAR GOND SON OF SITARAM GOND RESIDENT OF VILLAGE- MAIRWA DHAM, PS- MAIRWA, DISTSIWAN ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh, Adv.
For the Opposite Party/s :
Mr.Rajendra Singh Shashtri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Mairwa P.S. Case No. 67 of 2023 dated 05.03.2023 registered for the offence/s punishable u/ss 147, 323, 307, 324, 354 and 504 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons armed with Danda, Lathi, Farsa and sword are alleged to have come and started abusing the informant and the petitioner inflicted Farsa blow on his head causing head injury and when Saroj Singh, Rinku Kumari and Nishu Kumari came to rescue, the accused Jaggu Gond misbehaved with all of them.
Patna High Court CR. MISC. No.50680 of 2023(4) dt.30-01-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the injury is caused by hard and blunt substance where in the FIR, the allegation against the petitioner is of inflicting blow of Farsa. There is no repetition of blow. There is case and counter case between the parties. As per the injury report, the injured sustained lacerated wound measuring 1⁄2 inch x 1⁄4 inch over left side scalp and lacerated wound measuring 1⁄4 inch x 1⁄4 inch over right side scalp and the opinion was kept reserve. The depth of injuries are not mentioned in the said injuries. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged 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 concerned, Siwan in connection with Mairwa P.S. Case No. 67 of 2023, subject to conditions as laid down under section 438(2) of the Code of
Patna High Court CR. MISC. No.50680 of 2023(4) dt.30-01-2024 3/3 Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T