Patna High Court
Deepak Baitha vs The State Of Bihar on 2 August, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39805 of 2020
Arising Out of PS. Case No.-24 Year-2020 Thana- KANGLI District- West Champaran
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1. Deepak Baitha (Male), S/o Gopichand Baitha @ Gopiyan Baitha, aged about
32 years,
2. Dilip Baitha (Male), aged about 28 years, S/o Gopiyan Baitha,
3. Gopichand Baitha @ Gopiyan Baitha (Male), aged about 52 years, s/o late
Badari Baitha,
All R/o Ward No. 6, Village- Sugaha Bhawanipur, P.S.- Kangali, Post-
Sugaha Bhawanipur, West Champaran, Bihar- 845307.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashutosh Nath, Advocate
For the State : Mr. Yogendra Kumar, APP
For the Informant : Mr. Bashistha Narayan Mishra, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 02-08-2021
The matter has been heard via video conferencing.
2. The case has been taken up out of turn on the basis
of motion slip filed by learned counsel for the petitioners on
28.07.2021, which was allowed.
3. Heard Mr. Ashutosh Nath, learned counsel for the
petitioners; Mr. Yogendra Kumar, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State
and Mr. Bashistha Narayan Mishra, learned counsel for the
informant.
4. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.39805 of 2020 dt.02-08-2021
Kangali PS Case No. 24 of 2020 dated 23.04.2020, instituted
under Sections 341, 323, 324, 307, 379, 504, 506/34 of the
Indian Penal Code.
5. In the FIR, it is alleged that on 23.04.2020 at about
11.00 AM, during course of Panchayati, all the accused persons,
including the petitioners, armed with deadly weapons came and
started assaulting the informant and others with gandasa, bhala,
farsa and lathi and against co-accused, Ramvati Devi as also co-
accused Gudu Baitha @ Guddu Baltha, there is allegation that
they snatched rupees ten thousand from the pocket of the
informant.
6. Learned counsel for the petitioners submitted that
during Panchayati to settle a dispute between the parties, an
incident occurred in which both the sides fought with each
other, but the same was not premeditated and happened in the
heat of the moment. Further, it was submitted that the wife of
the petitioner no. 1 has filed Kangali PS Case No. 25 of 2020
for the same incident in which the petitioners' side have also
received injuries. He submitted that the petitioners are not
accused in any other case It was submitted that two similarly
situated co-accused, Dipu Baitha and Gudu Baitha @ Guddu
Baltha, have been granted bail by a coordinate Bench by order
Patna High Court CR. MISC. No.39805 of 2020 dt.02-08-2021
dated 12.10.2020 passed in Cr. Misc. No. 26626 of 2020. It was
submitted that they had to seek regular bail as within a few days
of the incident they were arrested by the police without getting
any opportunity to avail the remedy of moving before the Court
for anticipatory bail.
7. Learned APP submitted that the petitioners along
with others had come armed with deadly weapons and had
assaulted the informant's side.
8. Learned counsel for the informant submitted that at
least against the petitioner no. 1, there is specific allegation of
assault by farsa on the head which has resulted in grievous
injury to the informant. However, it was not controverted that
with regard to the petitioners no. 2 and 3, though there is
allegation of assault, but the injuries inflicted are simple.
9. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court finds that the incident, as per the FIR itself, happened
during a Panchayati and on the spur of the moment and both
sides have fought with each other, for which there is a counter
case also and the petitioners having no antecedent and may have
indulged in some overt act; however, assault by the petitioner
no. 1 only has resulted in grievous injury, whereas, that by
Patna High Court CR. MISC. No.39805 of 2020 dt.02-08-2021
petitioners no. 2 and 3 have resulted in simple injuries and that
there has been injury on the petitioners' side also. In view
thereof, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioners no.2 and 3,
namely, Dilip Baitha and Gopichand Baitha @ Gopiyan Baitha
respectively be released on bail upon furnishing bail bonds of
Rs. 25,000/- (twenty five thousand) each with two sureties of
the like amount each to the satisfaction of the learned Sessions
Judge, West Champaran, Bettiah, in Kangali PS Case No. 24 of
2020, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 and further (i) that one of
the bailors shall be a close relative of the petitioners no. 2 and 3,
(ii) that the petitioners no.2 and 3 and the bailors shall execute
bond and give undertaking with regard to good behaviour of the
petitioners no. 2 and 3, and (iii) that they shall cooperate with
the Court and the police/prosecution. Any violation of the terms
and conditions of the bonds or the undertaking or failure to
cooperate shall lead to cancellation of bail bonds of petitioners
no. 2 and 3.
10. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioners no. 2 and 3, to the notice of the Court concerned,
Patna High Court CR. MISC. No.39805 of 2020 dt.02-08-2021
which shall take immediate action on the same after giving
opportunity of hearing to the petitioners no. 2 and 3.
11. The petition on behalf of the petitioner no. 1,
Deepak Baitha, stands rejected.
12. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
