Shanti Devi @ Gayanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67146 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- GHOSI District- Jehanabad ====================================================== 1.
Shanti Devi @ Gayanti Devi W/o- Ramashray Yadav @ Ramashrya Prasad Village- Moshimasary PS-Goshi Dist- Jehanabad 2.
Ramashray Yadav @ Ramashrya Prasad Son of Shivlal Yadav VillageMoshimasary PS-Goshi Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indu Shekhar Dwivedi, Adv.
For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Goshi P.S. Case No. 686 of 2023 registered under Sections 341, 323, 325, 326, 307, 379, 504/34 of the Indian Penal Code and Section 37 of Bihar Excise Act.
3. As per prosecution case, on 02.11.2023 at 4:00 p.m., while informant was sitting at his door, in the meantime, all the F.I.R. named accused persons including these petitioners, under the influence of liquor came and started abusing and assaulting
Patna High Court CR. MISC. No.67146 of 2024(2) dt.08-10-2024 2/3 informant and his family members by means of lathi. As a result of which, they sustained injuries.
4. Learned counsel appearing on behalf of the petitioners submits that both parties are gotiya and due to ancestral property dispute, this false and concocted case has been lodged. Allegation of assault is general and omnibus. No specific over act is alleged against the petitioners. The injuries allegedly caused by these petitioners are simple in nature. Petitioners claim clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application and submits that petitioners are named in the First Information Report. There is specific allegation of assault against these petitioners.
6. Having considered the aforesaid facts and circumstances of the case as well as nature of injuries allegedly caused by these petitioners, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Court-I, Jehanabad in connection with Goshi P.S. Case No. 686 of 2023, subject to the conditions as
Patna High Court CR. MISC. No.67146 of 2024(2) dt.08-10-2024 3/3 laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T