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Patna High CourtCR. MISC./70938/2024partly allowed disposal

Subhash Ravidas v. The State Of Bihar

2024-10-30Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70938 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- CHIKSAUR District- Nalanda ====================================================== 1.

SUBHASH RAVIDAS S/O BADHAN RAVIDAS R/o Village- Chamandih, P.O.- Korawan, P.S.- Chiksaura, District- Nalanda 2.

Badhan Ravidas S/o Sukhari Ravidas R/o Village- Chamandih, P.O.- Korawan, P.S.- Chiksaura, District- Nalanda 3.

Chandan Ravidas @ Chandan Kumar S/o Umashankar Ravidas R/o VillageChamandih, P.O.- Korawan, P.S.- Chiksaura, District- Nalanda 4.

Ranjit Ravidas @ Ranjit Kumar S/o Umashankar Ravidas R/o VillageChamandih, P.O.- Korawan, P.S.- Chiksaura, District- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chiksaura Police Station Case No. 61 of 2024, disclosing offences under Sections 341, 323, 354, 307, 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner no. 1 and 4 have been arrested, accordingly, seeks permission to withdraw the present application with respect to petitioner nos. 1 and 4.

Patna High Court CR. MISC. No.70938 of 2024(2) dt.30-10-2024 2/3

4. Permission is granted.

5. As per the First Information Report, on 07.05.2024, while the informant's son was sitting in the community hall, accused persons, including the petitioners came there and started taking ganja. When the informant's son opposed, they assaulted her son and petitioner no. 3 Chandan Ravidas assaulted the informant's son by means of lathi on his head and petitioner no. 2, Badhan Ravidas, caught hold hair of the informant and pulled her on the ground.

6. Learned Counsel for the petitioners submits that the petitioners have been made accused on the basis of concocted story. From perusal of the FIR, it appears that the informant was not present at the time of occurrence in the community hall. The injuries caused to the informant's son are simple in nature which would be evident from Annexure P/2 Series.

7. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that injury caused to the informant's son is simple in nature, I am inclined to grant the petitioner nos. 2 and 3 privilege of anticipatory bail.

8. This application is, accordingly, allowed to the extent indicated above.

Patna High Court CR. MISC. No.70938 of 2024(2) dt.30-10-2024 3/3

9. Let the petitioner nos. 2 and 3, in the event of their arrest or surrender before the Court below within four weeks, be released 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 Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Chiksaura Police Station Case No. 61 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T