Patna High CourtCR. MISC./3730/2023partly allowed disposal

Fulendra Ravidas v. The State Of Bihar

2023-03-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3730 of 2023 Arising Out of PS. Case No.-82 Year-2022 Thana- ALIPUR District- Gaya ====================================================== 1.

FULENDRA RAVIDAS Son of Ram Parvesh Resident of VillageThanapur, P.S.- Alipur, District- Gaya 2.

SURESH DAS Son of Lal Das Ravidas Resident of Village- Thanapur, P.S.- Alipur, District- Gaya 3.

SUNIL KUMAR Son of Ram Krit Das Resident of Village- Thanapur, P.S.- Alipur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Vide order dated 28.02.2023, this application with regard to petitioner no.1 is dismissed as withdrawn. Now this appeal is being heard only with regard to petitioners no. 2 and 3.

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 147, 149, 448, 341, 342, 323, 325, 354, 307, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners is that they along with other accused persons came at the house of the informant and started abusing and assaulted the informant and her husband and son.

Patna High Court CR. MISC. No.3730 of 2023(3) dt.14-03-2023 2/2 Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is admitted previous dispute and enmity between the parties. He submits that there is a case and counter case between the parties and both side have sustained injuries. Petitioners have got no criminal antecedent as mentioned in para3 of this application. Learned APP for the State opposes prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific allegation against the petitioners rather the allegations are general and omnibus in nature, 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 Alipur P.S. Case No.82 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.