Anil Rai vs The State Of Bihar
2021 Latest Caselaw 2439 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 35506 of 2020
            Arising Out of PS. Case No.-224 Year-2020 Thana- MASHRAK District- Saran
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1. Anil Rai, aged about 26 years, Gender-Male, Son of Haricharan Rai.

2. Haricharan Rai, aged about 55 years, Gender-Male, Son of Late Timal Rai.

Both resident of Village- Jajauli, PS- Mashrakh, District- Saran at Chapra.

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

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

      For the Petitioner/s    :        Mr. Dewendra Narayan Singh, Advocate
      For the State           :        Mr. Md. Arif, APP
      For the Informant       :        Mr. Binod Kumar Sinha, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Dewendra Narayan Singh, learned counsel

for the petitioners; Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Binod Kumar Sinha, learned counsel for the informant.

3. The petitioners apprehend arrest in connection with

Mashrakh PS Case No. 224 of 2020 dated 01.05.2020, instituted

under Sections 147, 148, 341, 323, 307, 354B, 379, 384, 448, 504

and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.35506 of 2020 dt.21-06-2021

4. The petitioners along with others are accused of

having assaulted the informant and her other family members and

specifically against other co-accused, there is overt act alleged

whereas against the petitioners, it is general and omnibus of

having assaulted the two daughters and nephew of the informant.

5. Learned counsel for the petitioners submitted that

besides the petitioners having no criminal antecedent, there is land

dispute between the parties and there is also a counter case filed

from the side of the petitioners for the same incident. Learned

counsel submitted that the allegation against the petitioners is only

general and omnibus of assault with iron rod on the two daughters

and nephew of the informant, but the injuries are simple in nature.

6. Learned APP submitted that there is allegation of

assault against the petitioners also. However, it was not

controverted that the same is general and omnibus, as far as the

petitioners are concerned and specific against other co-accused.

7. Learned counsel for the informant submitted that as

per the allegation, the petitioners also assaulted the two daughters

and nephew of the informant. However, he also could not

controvert that the allegation is general and omnibus against the

petitioners and two other co-accused.

Patna High Court CR. MISC. No.35506 of 2020 dt.21-06-2021

8. 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 Chief Judicial Magistrate, VI, Saran at Chapra

in Mashrakh PS Case No. 224 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.

9. 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.

Patna High Court CR. MISC. No.35506 of 2020 dt.21-06-2021

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T