Joga Nand Safi vs The State Of Bihar
2021 Latest Caselaw 4357 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL MISCELLANEOUS No.4372 of 2021
       Arising Out of PS. Case No.-184 Year-2019 Thana- ANDHRAMATH District- Madhubani
      ======================================================

1. Joga Nand Safi (Male), aged about 43 years, son of Sant Lal Safi.

2. Ram Pukar Safi (Male), aged about 62 years, son of late Babu Lal Safi.

3. Lakhi Chand Safi @ Lakhi Chan Safi (Male), aged about 60 years, son of late Babu Lal Safi.

4. Sant Lal Safi (Male), aged about 65 years, son of late Babu Lal Safi.

5. Niraj Safi (Male), aged about 19 years, son of Yoga Nand Safi.

6. Chhabu Lal Safi (Male), aged about 60 years, son of Sub Lal Safi.

All are resident of Village- Mahthour Got, P.S.- Andhramath, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

      For the Petitioner/s   :        Mr. Saroj Kumar, Advocate
      For the State          :        Mr. Satya Nand Shukla, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 27-08-2021

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, which

was allowed.

3. Heard Mr. Saroj Kumar, learned counsel for the

petitioners and Mr. Satya Nand Shukla, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

Patna High Court CR. MISC. No.4372 of 2021 dt.27-08-2021

4. Learned counsel for the petitioners undertakes to e

file the petition supported by affidavit, today itself. Let the same

be done.

5. Learned counsel for the petitioners submitted that

the petitioner no. 5, Niraj Safi, has been arrested and, thus, he

may be permitted to withdraw the petition on his behalf.

6. In view thereof, as prayed for by learned counsel

for the petitioners, the petition on behalf of the petitioner no. 5,

Niraj Safi, stands disposed of as withdrawn and is restricted to

petitioners no. 1, 2, 3, 4 and 6, namely, Joga Nand Safi, Ram

Pukar Safi, Lakhi Chand Safi @ Lakhi Chan Safi, Sant Lal Safi

and Chhabu Lal Safi.

7. The petitioners no. 1, 2, 3, 4 and 6 apprehend arrest

in connection with Andhramath PS Case No. 184 of 2019 dated

05.12.2019, instituted under Sections 341, 323, 324, 307, 379,

447, 397, 436, 504/34 of the Indian Penal Code.

8. The allegation against the petitioners is of trying to

loot the wheat paddy worth Rs. 50,000/- and also setting ablaze

the house and thereafter assaulting the informant and others.

The specific allegation against the petitioner no. 1 is of

inflicting blow by farsa on the neck of the informant, whereas,

against the other co-accused, who are not the petitioners herein, Patna High Court CR. MISC. No.4372 of 2021 dt.27-08-2021

of assault on the other victims.

9. Learned counsel for the petitioners no. 1, 2, 3, 4

and 6 submitted that there is counter case, i.e., Andhramath PS

Case No. 183 of 2019, which is earlier in time, in which it is

alleged that the petitioners' side was wanting to plough the land,

but it is the informant side, who had come armed and had

assaulted them. It was submitted that both the cases relate to the

same incident and though the incident took place on 04.12.2019,

but the present FIR has been lodged on 05.12.2019 after more

than 24 hours. It was submitted that both the sides have suffered

injuries. Learned counsel drew the attention of the Court to the

injury reports of the victims of both the cases and contended

that upon the informant, one incised wound on the side of the

neck has been found, which is said to be caused by sharp cutting

object, but all the injuries are simple in nature. It was submitted

that the petitioner no. 1 has also received injury. Learned

counsel submitted that against petitioners no. 2, 3, 4 and 6, there

is no specific allegation of any assault and the same is only

general and omnibus and, thus, at best, they can be said to be

present there as members of the mob. It was submitted that the

petitioners have no criminal antecedent.

10. Learned APP submitted that all the petitioners Patna High Court CR. MISC. No.4372 of 2021 dt.27-08-2021

have participated in the assault in which injuries have been

inflicted. However, it was not controverted that only against the

petitioner no. 1, there is specific allegation of assault by farsa

on the neck, whereas, against petitioners no. 2, 3, 4 and 6, the

same is general and omnibus and also that the injuries suffered

are simple in nature.

11. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds that as far as petitioners no. 2, 3, 4 and 6 are

concerned, there being no specific allegation of any overt act

and also that for the same incident there is a counter case and

there has been injury sustained by the side of the petitioners also

and the same are simple in nature, the Court is inclined to allow

the prayer for pre-arrest bail of the petitioners no. 2, 3, 4 and 6.

12. Accordingly, in the event of arrest or surrender

before the Court below within six weeks from today, the

petitioners no. 2, 3, 4 and 6, namely, Ram Pukar Safi, Lakhi

Chand Safi @ Lakhi Chan Safi, Sant Lal Safi and Chhabu Lal

Safi 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 concerned learned

Judicial Magistrate, 1st Class, Jhanjharpur, in Andhramath PS Patna High Court CR. MISC. No.4372 of 2021 dt.27-08-2021

Case No. 184 of 2019, 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, 3, 4 and 6, (ii) that the petitioners no. 2, 3, 4

and 6 and the bailors shall execute bond and give undertaking

with regard to good behaviour of the petitioners no. 2, 3, 4 and

6, and (iii) that they shall cooperate with the Court and the

police/prosecution. Any violation of the terms and conditions of

the bonds or undertaking or failure to cooperate shall lead to

cancellation of their bail bonds.

13. It shall also be open for the prosecution to bring

any violation of the foregoing conditions by the petitioners no.

2, 3, 4 and 6, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioners no. 2, 3, 4 and 6.

14. As there is specific allegation of attack by farsa

on the neck of the informant against the petitioner no. 1 and the

injury report also shows incised wound on the neck caused by

sharp cutting object, the Court is not inclined to grant pre-arrest

bail to the petitioner no. 1, Joga Nand Safi.

15. Thus, the petition on behalf of the petitioner no.

1, Joga Nand Safi, stands rejected.

Patna High Court CR. MISC. No.4372 of 2021 dt.27-08-2021

16. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T