Pramod Ravidas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7165 of 2024 Arising Out of PS. Case No.-474 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== 1.
Pramod Ravidas SON OF LATE RAMDEV DAS Resident of Mohalla - Bhuski PS Khushrupur District Patna 2.
SRIKANT RAVIDAS SON OF LATE BHAGWAT RAVIDAS Resident of Mohalla - Bhuski PS Khushrupur District Patna 3.
SUDHU KUMAR @ SUDHI SON OF ABDHESH RAVI DAS Resident of Mohalla - Bhuski PS Khushrupur District Patna 4.
SURAJ RAVIDAS @ BASSU RAVIDAS SON OF PRAMOD RAVIDAS Resident of Mohalla - Bhuski PS Khushrupur District Patna 5.
KAMLESH RAVIDAS SON OF BHAGWAT RAVIDAS Resident of Mohalla - Bhuski PS Khushrupur District Patna 6.
ABDHESH RAVIDAS SON OF BHAGWAT RAVIDAS Resident of Mohalla - Bhuski PS Khushrupur District Patna 7.
GYANI KUMAR SON OF SRI KANT RAVIDAS Resident of Mohalla - Bhuski PS Khushrupur District Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :
Mr. Pawan Kumar Chaurasia, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-04-2024 Heard learned Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Khusrupur P.S. Case No. 474 of 2022 for the offence registered under sections 341, 323, 337, 307 and 34 of the Indian Penal Code lodged on 06.12.2022 by the informant, Sarwan Ravidas.
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3. As per the prosecution story, the allegation is that eight to ten persons came to the house of the informant and attacked with stone and lathi. The informant recognized the accused persons, petitioners included. It is further alleged that Sarwan Ravidas, Parmanand Ravidas and Virendra Ravidas got injured. Accordingly, the F.I.R.
4. Learned Counsel for the petitioners submit that there is omnibus allegation against all the accused persons, they do not have criminal antecedent and further the injury has been found to be simple in nature.
5. Further the submission is that without accepting the allegation and/or the outcome of the present petition, the petitioner (s) on its own would like to contribute Rs. 2,000/- each (Rs. 14,000/-) out of which Rs. 2,000/- will go to the informant and rest equally distributed amongst the injured through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant and injured after checking the credentials.
6. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail stating that they assembled and crated havoc by attacking the informant's side
3/4 and in the process, some in the family got injured.
7. Taking into account the submissions as also the fact that the injury has been found to be simple in nature, the petitioners do not have criminal antecedent, this Court is inclined to extend them privilege of anticipatory bail subject to payment of Rs. 2,000/- each (Rs. 14,000/-), as stated above.
8. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna City in connection with Khusrupur P.S. Case No. 474 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioners, who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
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(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of their bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Neha/- U T