Veer Bahadur @ Veer Bahadur Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59446 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- SAHPUR District- Patna ====================================================== VEER BAHADUR @ VEER BAHADUR RAI S/o Late Uma Rai R/o vill - Daudpur, P.S. - Shahpur, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Shahpur P.S. Case No. 126 of 2024, registered for the offences punishable under Sections 307, 379, 341, 323, 324, 504, 506, 147, 34 of the IPC.
3. As per allegation, when the informant along with his brother Ranjan Kumar was going to his relative's house, the seven named accused persons in the FIR, equipped with arms, etc., surrounded them. Co-accused Vikash Kumar fired on them. Co-accused Anil Kumar and Vinod Rai wrapped gamchha around the neck of Ranjan Kumar. Co-accused Vikas Kumar assaulted Ranjan Kumar on his head with butt of pistol. Co-
Patna High Court CR. MISC. No.59446 of 2024(2) dt.28-08-2024 2/3 accused Jitendra Kumar assaulted him on his head with iron rod. When the injured (Ranjan Kumar) fell on the ground, coaccused Vindhanchal, Veer Bahadur (the petitioner) and Jitendra Kumar inflicted repeated iron rod blows on his person. He suffered fractured injuries on his hand. Co-accused Bittu also assaulted Ranjan Kumar with knife.
4. The learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The allegation against him is general and omnibus. The motive for the occurrence has not been mentioned in the FIR. Though some injuries are grievous in nature but it is not attributed against the petitioner. The petitioner is under custody since 07.05.2024.
5. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the petitioner assaulted the injured when he fell down on the ground. Multiple fractured injuries were found on the person of the injured. He has also submitted that the petitioner is a veteran criminal and he is involved in a number of cases whereas only one criminal antecedent has been given in paragraph 3 of the bail application.
6. Considering the fact that the allegation against
Patna High Court CR. MISC. No.59446 of 2024(2) dt.28-08-2024 3/3 the petitioner is general and omnibus and he is under custody since 07.05.2024, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, District- Patna in connection with Shahpur P.S. Case No. 126 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) Before accepting the bail bond, the learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case except which have been mentioned in paragraph no. 3 of the bail petition, his bail bond shall not be accepted. (Nawneet Kumar Pandey, J) kundan/- U T