Rajendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70734 of 2021 Arising Out of PS. Case No.-215 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
RAJENDRA PRASAD S/o Late Ganesh Raut R/o village- Manguraha, P.S.- Govindganj, District- East Champaran 2.
Bigu Raut S/o Surya Raut @ Sury Raut R/o village- Manguraha, P.S.- Govindganj, District- East Champaran 3.
Badri Raut S/o Surya Raut @ Sury Raut R/o village- Manguraha, P.S.- Govindganj, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP For the Informant :
Mr. Madhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioner nos. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 143, 341, 448, 307, 324, 323, 379, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the petitioner no. 2 and 3 are persons with clean antecedent, though in Para-3 of the anticipatory bail application, inadvertently the criminal antecedent of petitioner no. 3 could not be stated though he is a person with clean antecedent.
Patna High Court CR. MISC. No.70734 of 2021(3) dt.01-08-2022 2/3 Learned counsel for the petitioners next submits that that informant alleges that he was constructing a boundary of house when ten accused, including the petitioners, along with twenty unknown accused arrived variously armed and started assaulting the informant and his younger brother on head with sharp weapon on account of which informant fell unconscious, thereafter the accused persons took away his golden chain worth Rs. 5,000/-.
Learned counsel for the petitioner submits that admittedly the present occurrence arose on account of a land dispute, it is next submitted that the allegation of assault is general and omnibus in nature and the injuries suffered by the injured are simple in nature.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners but are not able to meet the submission of the learned counsel for the petitioners that allegation of assault is general and omnibus in nature and injuries are simple. Considering the submissions made by the learned counsel for the petitioners, the petitioners nos. 2 and 3, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.70734 of 2021(3) dt.01-08-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Govindganj P.S. Case No. 215 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The learned Trial Court before accepting the bail bonds of the petitioner shall verify their criminal antecedents. (Satyavrat Verma, J) Shivam/- U T