Binod Ravidas And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.40131 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40131 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -BIND District- NALANDA (BIHARSHARIFF) ======================================================

1. Binod Ravidas, son of Bineshwar Ravidas.

2. Dilip Ravidas, son of Bineshwar Ravidas.

3. Bineshwar Ravidas, Son of Late Lachhu Ravidas, All residents of Village- Chhatar Bigha, P.S.- Bind, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bind Police Station Case No. 31 of 2016, disclosing offences under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is dispute between the parties with regard to a Rasta for which scuffle took place between them and although there is allegation of assault against the petitioners but the injury

Patna High Court Cr.Misc. No.40131 of 2017 (3) dt.17-10-2017 sustained by the informant is simple in nature caused by hard and blunt substance, which is evident from annexure-2. Except allegation, no cogent material has surfaced against the petitioners in the case diary. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Biharsharif, Nalanda in connection with Bind Police Station Case No. 31 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T