Preman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71021 of 2023 Arising Out of PS. Case No.-307 Year-2023 Thana- FATUA District- Patna ====================================================== 1.
PREMAN KUMAR son of Sulli Sao village- Kulti Ps- Asathama DistNalanda 2.
BANSI SAO @ BANSI SAH S/o- SULLI SAO village- Kulti Ps- Asathama Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Anand, Adv For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek regular bail in connection with Fatuha P.S. Case No. 307 of 2023 registered on 25.04.2023 lodged under Sections 323, 341, 307, 504 read with 34 of I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against three named accused persons including the petitioners.
4. Counsel for the petitioners submits that in the F.I.R., it has been alleged by the informant that all the three accused persons has assaulted the brother of the informant and in result, head injury has been caused to the informant's brother. The cause of dispute is said to be on the payment of wages.
Patna High Court CR. MISC. No.71021 of 2023(2) dt.07-11-2023 2/3
5. Counsel further submits that petitioners is innocent and has committed no offence. He submits that from the content of the F.I.R., it is very much clear that the petitioners were working and when they have demanded their wages, they have been assaulted. He further submits that petitioners are in custody since 26.04.2023 having clean antecedent.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Patna City in connection with Fatuha P.S. Case No. 307 of 2023 , subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.71021 of 2023(2) dt.07-11-2023 3/3 bonds by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
8. With this observation, the bail application stands allowed.
(Dr. Anshuman, J) Sunnykr/- U T