Sidheshwar Das @ Sideshwar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80959 of 2024 Arising Out of PS. Case No.-249 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== 1.
Sidheshwar Das @ Sideshwar Das S/O Late Devnath Ram R/O Village - Godsar, P.S- Goshi, Dist.- Jehanabad.
2.
Nitesh Kumar S/O Sidheshwar Das @ Sideshwar Das R/O Village - Godsar, P.S- Goshi, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indu Shekhar Dwivedi, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Ghosi P.S. Case No. 249 of 2018 dated 11.07.2018, instituted for the offence punishable under Sections341, 323, 307, 379, 448, 504/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 10.07.2018 at about 07:30 am, while the informant and his son were at their home then petitioners along with other co-accused came there and started assaulting the informant and his son due to which they received severe injuries. It is further alleged that petitioners took ornaments, cash and a mobile phone from the
Patna High Court CR. MISC. No.80959 of 2024(2) dt.04-12-2024 2/3 house of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that allegation against the accused persons is that they assaulted the informant and his son due to which the head of the informant got fractured but from perusal of impugned order, it transpires that injury report is not available in the case diary. It is further submitted that no injury has been received by the informant and his son. It is also submitted that the allegation against the petitioners are general and omnibus in nature. Learned counsel further submitted that there is no material against the petitioners in the case diary. Lastly, it has been submitted that the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Ghosi P.S. Case No. 249 of 2018, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.80959 of 2024(2) dt.04-12-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) sankalp/- U