Babulal Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77492 of 2019 Arising Out of PS. Case No.-266 Year-2019 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== 1.

Babulal Bind, Male, aged about 40 years, Son of Late Ramu Bind 2.

Sudarshan Bind, Male, aged about 45 years, Son of Late Ramu Bind 3.

Bhola Bind, Male, aged about 56 years, Son of Late Ramu Bind 4.

Jitan Bind, Male, aged about 20 years, Son of Ramashray Bind 5.

Sugriv Bind, Male, aged about 37 years, Son of Dharmu Bind 6.

Aman Bind, Male, aged about 25 years, Son of Late Kadau Bind 7.

Nagina Bind @ Ram Nagina Bind, Male, aged about 48 years, Son of Late Ghura Bind, all resident of Village-Karari Tola Bindpurwa, P.S-Durgawati, District-Kaimur (Bhabhua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Singh, Advocate For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Durgawati P.S. Case No. 266 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 307 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the informant has stated that on the date of the incident when he along with his sons and

Patna High Court CR. MISC. No.77492 of 2019(2) dt.06-03-2020 2/3 nephew had gone to his field to get fodder for the cattle when he saw the cattle of the co-accused grazing in his field. When he objected the said accused, the other co-accused persons including the petitioners who were armed with a rifle, country made pistol, khanti and lathies to the spot. The petitioners and the co-accused persons abused the informant party and thereafter attacked them. The petitioners and the other persons tried to snatch away his licence armed and one of the coaccused fired from his country made pistol. Further the other accused persons also attacked the informant party. As a result of the said attack, the three persons of the informant party suffered serious injuries.

Learned counsel for the petitioners submits that there is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. No fire arm has been recovered from the conscious possession of the petitioners. He further submits that all the injuries are simple in nature. In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like

Patna High Court CR. MISC. No.77492 of 2019(2) dt.06-03-2020 3/3 amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 266 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T