Citation : 2021 Latest Caselaw 334 Patna
Judgement Date : 25 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28051 of 2020
Arising Out of PS. Case No.-250 Year-2019 Thana- NASRIGANJ District- Rohtas
======================================================
1. Parmanand Singh (Male), aged about 58 years, S/o Ashthami Singh @ Athami Singh
2. Bikash Kumar (Male), aged about 27 years
3. Bikrant Kumar (Male), aged about 21 years, both are son of Bhimal Singh @ Bimal Singh.
All are Resident of Village-Lala Atimi, P.S.-Nasariganj, District-Rohtas (Sasaram).
... ... Petitioner/s Versus The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate
For the State : Mr. Rajeev Nayan, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-01-2021
Heard Mr. Rama Kant Singh, learned counsel for the
petitioners and Mr. Rajeev Nayan, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioners apprehend arrest in connection with
Nasariganj PS Case No. 250 of 2019 dated 21.12.2019,
instituted under Sections 341/323/325/308/324/504/506/34 of
the Indian Penal Code.
3. The allegation against the petitioners is of causing
injury on the informant side.
4. Learned counsel for the petitioners submitted that Patna High Court CR. MISC. No.28051 of 2020 dt.25-01-2021
besides the allegation being general and omnibus, the parties are
agnates and there was land dispute in which both the sides
entered into fight for which there is also a counter case filed on
behalf of the petitioners and they have also sustained injury. It
was submitted that the injuries are simple, except for one
fracture, but not on the vital part. It was further submitted that
the Court below itself has granted anticipatory bail to the
accused of the counter case. Learned counsel submitted that the
petitioners have no criminal antecedent.
5. Learned APP submitted that the petitioners have
indulged in fight resulting in injury.
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 petitioners 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 ACJM, Bikramgajn, Rohtas (Sasaram) in
Nasariganj PS Case No. 250 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, (ii) that the petitioners and the bailors Patna High Court CR. MISC. No.28051 of 2020 dt.25-01-2021
shall execute bond with regard to good behaviour of the
petitioners, and (iii) that the petitioners shall also give an
undertaking to the Court that they 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 their bail bonds. The
petitioners 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 their bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR U T
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