Sitaram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64237 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.
Sitaram Son of Late Jokhan Ram Village- Pipariya, P.S.- Chand, DistrictKaimur 2.
Pintu Ram Son of Raja Ram Village- Pipariya, P.S.- Chand, District- Kaimur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Aquaib Khan, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2025 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 308, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence Petitioner No. 1 armed with Gadasa and Petitioner No. 2 armed with iron rod assaulted informant on the head due to which informant sustained injuries. It is further alleged that other co-accused persons snatched gold chain from informant's brother and also assaulted him.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have
Patna High Court CR. MISC. No.64237 of 2024(4) dt.16-01-2025 2/3 falsely been implicated in this case. As per F.I.R., date of occurrence is 02.06.2024, however, the instant F.I.R. has been lodged after inordinate delay of 16 days on 18.06.2024 and there is no plausible explanation for the same. Allegation of assault is general and omnibus. Moreover, doctor has found the injuries sustained by the informant to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, delay in lodging F.I.R., nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Judge-Ist, Kaimur at Bhabua, in connection with Chand P.S. Case No. 112 of 2024, subject to condition as laid down under Section 438(2)
Patna High Court CR. MISC. No.64237 of 2024(4) dt.16-01-2025 3/3 of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T