Virendra Kumar Singh vs The State Of Bihar
2021 Latest Caselaw 2934 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 36634 of 2020
            Arising Out of PS Case No.-72 Year-2020 Thana- PURNAHIA District- Sheohar
      ======================================================

1. Virendra Kumar Singh, Male, aged about 36 years Son of Kamaldev Singh.

2. Ramsaheli Devi, Female, aged about 68 years, Wife of Kamaldev Singh.

Resident of village - Adauri, PS - Purnahia, District - Sitamarhi.

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

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

      For the Petitioner/s     :        Mr. Dinesh Jha, Advocate
      For the State            :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Dinesh Jha, learned counsel for the

petitioners and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Purnahia PS Case No. 72 of 2020 dated 17.06.2020, instituted

under Sections 341, 323, 324,307, 447, 379 and 504/34 of the

Indian Penal Code.

4. The allegation against the petitioners and other co-

accused is that they had assaulted the informant causing injury and

specifically against co-accused Sanjeev Kumar Singh that he

assaulted the informant by means of farsa on his head and that the Patna High Court CR. MISC. No.36634 of 2020 dt.01-07-2021

petitioners are said to have assaulted him by means of lathi and

further against co-accused Shivam Kumar is that he snatched gold

chain worth Rs. 70,000/- from the neck of the informant.

5. Learned counsel for the petitioners submitted that the

parties are agnates and the dispute is with regard to the petitioners

putting a pillar on their own land which was objected to and for

which the petitioner no. 1 has instituted Purnahia PS Case No. 71

of 2020 under Sections 323, 341, 279, 504 and 506 of the Indian

Penal Code prior in time to the present case. Learned counsel

submitted that as per the injury report of the informant in the

present case, three injuries have been found, one on the head, but

all have been found to be simple in nature. It was submitted that

the petitioners have no criminal antecedent. Further, learned

counsel submitted that the so-called main accused Sanjeev Kumar

Singh, who is said to have inflicted farsa blow on the head and

there is injury also on the head, has been granted anticipatory bail

by the Court below itself whereas unfortunately, the prayer for

anticipatory bail of the petitioners has been rejected.

6. Learned APP submitted that the petitioners have also

assaulted. However, it was not controverted that the same is

general and omnibus and that too by lathi, whereas against co-

Patna High Court CR. MISC. No.36634 of 2020 dt.01-07-2021

accused Sanjeev Kumar Singh, who is not before the Court, the

allegation is of inflicting farsa blow on the head of the informant.

7. 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 Chief Judicial Magistrate, Sheohar in Purnahia PS Case

No. 72 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,

(ii) that the petitioners and the bailors shall execute bond and give

undertaking with regard to good behaviour of the petitioners and

(iii) that they shall co-operate with the police/prosecution and the

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

the undertaking or failure to co-operate shall lead to cancellation

of their bail bonds.

8. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.36634 of 2020 dt.01-07-2021

action on the same after giving opportunity of hearing to the

petitioners.

9. The petition stands disposed off in the aforementioned

terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T