Bairistar Singh @ Balister Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80473 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.
Bairistar Singh @ Balister Singh S/O Nathu Singh 2.
Satyendra Singh @ Satyendra Kumar Singh @ Satyendra Kumar S/O Bairistar Singh @ Balister Singh.
Both Residents of Village- Semarbari, Mishrvatrahan, Koila Dewa, P.S.- Phulwaria, District-Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-12-2024 Heard Mr.Indrajeet Bhushan, learned counsel for the petitioners and Mr.Zainul Abedin, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Phulwaria P.S.Case No.130 of 2024, FIR dated 07.04.2024 registered for the offences punishable under Sections 341,323,324,504,506,307,354,34 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant and his family was at home on 05.04.2024 at about 3.30 PM, engaged with labourer in their house. Meantime, accused came alongwith dab, farsa and Tangi attacked due to which Angad Singh received injury on his head and hand.
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4. Learned counsel for the petitioners submits that petitioner No.1 carries one more case other than the present one and he is on bail in the said case and petitioner No.2 has clean antecedent and they have falsely been implicated in the present case due to admitted land dispute between the parties. Both the parties are agnates and there is case and counter case. Although there is specific allegation against the petitioners that they assaulted to one Angad and Hiralal Singh. Although they have received injury but from a bare perusal of the injury report of Angad and Hiralal Singh which suggests that the injury is simple in nature caused by hard and blunt substance and coaccused persons, namely, Vidawati Devi @ Vidyanti Devi @ Vidyawati Devi and Madan Kumar have been granted privilege of anticipatory bail by this Court vide order dated 05.10.2024 passed in Cr. Misc. No.65766 of 2024.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, injury inflicted upon the injured persons is simple in nature and co-accused persons, namely, Vidawati Devi @ Vidyanti Devi @ Vidyawati Devi and Madan Kumar have been granted privilege of
3/4 anticipatory bail by this Court, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XVI, Gopalganj in connection with Phulwaria P.S.Case No.130 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (II) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the
4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T