Patna High Court
Kumar Jee [email protected] Kumarjee Ram vs The State Of Bihar on 22 July, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35528 of 2020
Arising Out of PS. Case No.-76 Year-2020 Thana- MAHISHI District- Saharsa
======================================================
1. Kumar Jee Ram @ Kumarjee Ram, aged about 24 years (Male), son of
Laxmi Ram
2. Durgesh Ram @ Durgesh Kumar Ram, aged about 23 years, (Male), son of
Ganesh Ram
Both Resident of Village- Lahuar P.S.- Mahishi, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 22-07-2021
The matter has been heard via video conferencing.
2. Heard Mr. Pawan Kumar, learned counsel for the
petitioners and Mr. Jharkhandi Upadhyay, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioners apprehend arrest in connection with
Mahisi PS Case No. 76 of 2020 dated 12.05.2020, instituted
under Sections 147/148/149/341/342/323/324/307/354(A)/379/
504/506 of the Indian Penal Code.
4. The allegation against the petitioners, along with
others, is that due to dispute arising out of tying of goat in the
Patna High Court CR. MISC. No.35528 of 2020 dt.22-07-2021
field, there was fight in which the accused are said to have
assaulted using farsa, khanti and iron rod and specifically
against petitioner no. 1 is of assault by farsa on the head of the
informant whereas against the petitioner no. 2 it is general and
omnibus of assault on the informant and others also.
5. Learned counsel for the petitioners submitted that
the genesis of the incident as narrated in the FIR itself is very
trivial, that is, tying of goat by the petitioner no. 1 in the field of
the informant which was objected. It was submitted that even if
it is taken to be true, there may have been some scuffle between
the parties in which there was a free-fight, but the injury report
does not support the prosecution story as no injury has been
found on the head of the informant, much less to suggest that
farsa was used by him. Learned counsel submitted that as far as
petitioner no. 2 is concerned, it is only general and omnibus that
he also assaulted along with others by khanti and iron rod but
the injury suffered on the victim has been found to be simple in
nature. It was submitted that the petitioners have no other
criminal antecedent.
6. Learned APP, from the case diary, submitted that
though witnesses have supported the prosecution case but it was
not controverted that no injury has been found on the head of
Patna High Court CR. MISC. No.35528 of 2020 dt.22-07-2021
the informant and only a lacerated wound over the left eyebrow
and swelling on the shoulder has been found and nature has
been said to be simple caused by hard blunt substance and with
regard to the other victim also, the nature of injury has been said
to be simple.
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 Additional Sessions Judge 1st-cum-Special Judge,
Saharsa in Mahisi PS Case No. 76 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 the petitioners
shall cooperate with the Court and police/prosecution. Any
violation of the terms and conditions of the bonds or the
undertaking or non-cooperation shall lead to cancellation of
their bail bonds.
Patna High Court CR. MISC. No.35528 of 2020 dt.22-07-2021
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
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)
Anjani/-
AFR/NAFR
U
T
