Monu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80951 of 2023 Arising Out of PS. Case No.-859 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Monu Pandey S/O Late Ram Ekbal Pandey R/O Village- (Vekash), P.S. Bhabua, Distt. Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2024 Heard Mr. Tribhuwan Narayan, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Bhabua P.S. Case No. 859 of 2023, F.I.R. dated 19.09.2023 registered for the offences punishable under Sections 341, 323, 504, 506, 308/34 of the Indian Penal Code.

3. Allegation against the petitioner is of inflicting blow with lathi to the informant as a result of which he sustained injury on his head which is the vital part of the body.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.80951 of 2023(2) dt.10-01-2024 2/3 petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against the accused persons including the petitioner and the injury report is concerned, the injury is simple in nature by hard and blunt substance.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magiswtrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 859 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner 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

Patna High Court CR. MISC. No.80951 of 2023(2) dt.10-01-2024 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the 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) Ibrar//- U T