Rambabu Das @ Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73643 of 2022 Arising Out of PS. Case No.-253 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== 1.

RAMBABU DAS @ RAMBABU KUMAR S/O Mohan Das R/O VillageRanjeeta, Tantwa Toli, P.S- Harsidhi, District- East Champaran 2.

Sonalal Das S/O Shiv Das R/O Village- Ranjeeta, Tantwa Toli, P.SHarsidhi, District- East Champaran 3.

Shiv Das S/O Harihar Das R/O Village- Ranjeeta, Tantwa Toli, P.SHarsidhi, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 34 of the Indian Penal Code.

Allegedly, petitioners are said to have assaulted the informant and his relative with iron rod. They also snatched the gold chain from him.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity. The allegation

Patna High Court CR. MISC. No.73643 of 2022(2) dt.03-02-2023 2/2 levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are co-villagers. There is case and counter case between the parties. Both sides have filed cases against each other. Both the parties sustained injuries. The occurrence took place on 02.06.2020 but the FIR was lodged on 18.06.2020. There is inordinate and abnormal delay in lodging the FIR without assigning any plausible and convincing reason for the said delay. Petitioner nos. 2 & 3 have one criminal antecedent, whereas petitioner no.1 has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is delay in lodging the FIR, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Harsidhi P.S. Case No.253 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T