Bechu Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68994 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Bechu Sardar S/O Siru Sardar R/O Village Gonha, P.S. Triveniganj, District Supaul ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-02-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner apprehends his arrest, in connection with Triveniganj P.S. Case No. 69 of 2023 dated 25.02.2023, registered for the offences punishable under Sections 147, 149, 447, 354(B), 379, 341, 323 and 308 of the Indian Penal Code.
3. The prosecution case as emerges from the FIR is that on 22.02.2023 of about 2.30 pm accused persons including the petitioner and ten unknown persons entered the house of the informant and misbehaved with the daughter-in-law of the informant and also assaulted her and when the informant came to her rescue, the petitioner is alleged to have assaulted on her head.
4. Ld. counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68994 of 2023(4) dt.27-02-2024 2/3 petitioner is innocent and has falsely been implicated in this case. He further submits that there is case and counter case. He further submits that there is minor injury of both sides.
5. It has also been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, above named, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional Chief Judicial Magistrate-I, Supaul, in connection with Triveniganj P.S. Case No. 69 of 2023, subject to the conditions as laid down under Section 438
(2) Cr.P.C. and the following conditions:
(i) In case, it is brought to the notice of the court
Patna High Court CR. MISC. No.68994 of 2023(4) dt.27-02-2024 3/3 below that the petitioner has given wrong statement regarding their criminal antecedents, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.
9. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J.) Ravishankar/ Shoaib U T