Bade Bind vs The State Of Bihar
2021 Latest Caselaw 537 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.28060 of 2020
   Arising Out of PS. Case No.-208 Year-2019 Thana- PARASBIGHA District- Jehanabad
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Bade Bind, aged about 30 years (Male), S/o Bheem Bind @ Bhim Bind Resident of Village- Bala Bigha (Kasma Tola), P.S.- Parag Bigha, Distt- Jehanabad, Bihar

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the State : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-02-2021

Heard Mr. Sanjay Kumar Sharma, learned counsel for

the petitioner and Mr. Anil Kumar Singh No. 1, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The petitioner apprehends arrest in connection with

Paras Bigha PS Case No. 208 of 2019 dated 08.10.2019 (G.R.

No. 2030 of 2019), instituted under Sections

341/323/324/307/504/34 of the Indian Penal Code.

3. The allegation against the petitioner and others is

that in an inebriated state, the informant while returning from

Durga Puja mela was insulted and her hand was caught and

when she shouted to her father he came and the petitioner, along

with others, was holding the father of the victim who received Patna High Court CR. MISC. No.28060 of 2020 dt.01-02-2021

blow on the head by another co-accused.

4. Learned counsel for the petitioner submitted that he

has been falsely implicated and has no connection with the

person who had caught the hand of the informant or who had

assaulted and in fact there was some hot-talk between the parties

and the petitioner had gone to mediate. Learned counsel further

submitted that no injury report has been brought before the

police and, thus, the whole story is concocted. Learned counsel

submitted that the petitioner has no criminal antecedent.

5. Learned APP submitted that the petitioner had

caught hold of the father of the victim but did not controvert that

the allegation of assault on the head by iron rod is against

another co-accused.

6. Having considered the facts and circumstances of

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

the event of arrest or surrender before the Court below within

six weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

with two sureties of the like amount each to the satisfaction of

the learned Chief Judicial Magistrate, Jehanabad in Paras Bigha

PS Case No. 208 of 2019 (G.R. No. 2030 of 2019), subject to

the conditions laid down in Section 438(2) of the Code of Patna High Court CR. MISC. No.28060 of 2020 dt.01-02-2021

Criminal Procedure, 1973 and further (i) that one of the bailors

shall be a close relative of the petitioner, (ii) that the petitioner

and the bailors shall execute bond with regard to good

behaviour of the petitioner, and (iii) that the petitioner shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T