Yamuna Bind @ Jamuna Bind vs The State Of Bihar
2021 Latest Caselaw 518 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 30704 of 2020
   Arising Out of PS Case No.-105 Year-2020 Thana- BHAGWANPUR District- Kaimur
                                       (Bhabua)
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Yamuna Bind @ Jamuna Bind, aged about 35 years, Male, Son of Lal Bihari Bind, Resident of Village-Lohara, P.S.-Belaon, District-Kaimur at Bhabua.

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

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the State : Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 30-01-2021

Heard Mr. Rajani Kant Pandey, learned counsel for the

petitioner and Mr. Md. Anzarul Haque Sahara, learned Additional

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

State.

2. The petitioner apprehends arrest in connection with

Bhagwanpur (Belaon) PS Case No. 105 of 2020 dated 22.06.2020,

instituted under Sections 147/148/149/341/323/448/307/504/506

of the Indian Penal Code.

3. The allegation against the petitioner and others is of

assault on the informant side and specifically against the petitioner

that he inflicted axe blow on the head of the informant resulting in

injury.

Patna High Court CR. MISC. No.30704 of 2020 dt.30-01-2021

4. Learned counsel for the petitioner submitted that the

FIR has been lodged after 12 days of the incident which itself

shows the falsity of the allegation. It was submitted that for the

same incident, the father of the petitioner has lodged Bhagwanpur

(Belaon) PS Case No. 94 of 2020 on 13.06.2020 itself with regard

to the same incident and that too from the hospital where he was

undergoing treatment. Learned counsel submitted that as a counter

blast, this false case has been registered. Learned counsel drew

the attention of the Court to the injury report, copy of which has

been brought on record as Annexure-3 to this application, which

falsifies the story of attack by axe as there is only a simple

lacerated wound on the parietal region caused by hard blunt

substance. Learned counsel submitted that the petitioner has no

criminal antecedent and the incident occurred due to dispute

relating to construction of drainage.

5. Learned APP submitted that the allegation is of

assault by axe. However, he did not controvert that the injuries

were simple and only lacerated wound on right parietal region of

the skull.

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 Patna High Court CR. MISC. No.30704 of 2020 dt.30-01-2021

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, Kaimur at Bhabua in

Bhagwanpur (Belaon) PS Case No. 105 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 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 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 lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T