Brahmdeo Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82972 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- NAGARNAUSA District- Nalanda ====================================================== 1.

BRAHMDEO BIND S/o Ramatar Bind Resident of Village- Kachhiyawan, P.S.- Nagarnausa, District- Nalanda.

2.

Baban Bind Son of Brahmdeo Bind Resident of Village- Kachhiyawan, P.S.- Nagarnausa, District- Nalanda.

3.

Sonu Bind Son of Brahmdeo Bind Resident of Village- Kachhiyawan, P.S.- Nagarnausa, District- Nalanda.

4.

Chhote Bind Son of Brahmdeo Bind Resident of Village- Kachhiyawan, P.S.- Nagarnausa, District- Nalanda.

5.

Gabbar Bind Son of Brahmdeo Bind Resident of Village- Kachhiyawan, P.S.- Nagarnausa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 1 in order to enable him to surrender before the learned court below and seek regular bail.

Accordingly, the present petition qua the petitioner no. 1 stands dismissed.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.82972 of 2019(2) dt.21-01-2020 2/3 with Nagarnausa P.S. Case No. 100 of 2019 for the offence registered under Sections 341, 323, 504, 506, 307, 354(B)/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having assaulted the informant and others.

The learned counsel for the petitioners has submitted that the petitioner no. 1 has been alleged to have assaulted the informant by farsa on his head, however, there is a general and omnibus allegation as far as the other petitioners are concerned. It is further submitted that the petitioners are having clean antecedents and have been falsely implicated in the present case. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner, coupled with the fact that the petitioner no. 1 has been alleged to have assaulted the informant and there is no specific allegation of any sort of overt act as against the rest of the petitioners, I deem it fit and proper to admit the petitioner nos. 2 to 5 herein to the privilege of anticipatory bail. Accordingly, the petitioners no. 2 to 5, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of

Patna High Court CR. MISC. No.82972 of 2019(2) dt.21-01-2020 3/3 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Hilsa (Nalanda) in connection with Nagarnausa P.S. Case No. 100 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T