Amarjeet Rai vs The State Of Bihar
2021 Latest Caselaw 2526 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 35555 of 2020
         Arising Out of PS Case No.-71 Year-2020 Thana- KALYANPUR District- Samastipur
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1. Amarjeet Rai, aged about 45 years, Male Son of Kailash Rai.

2. Guddi Rai @ Guddu Rai @ Guddu Mariya, aged about 30 years, Male, Son of Kailash Rai.

Both resident of Village- Purushottampur, PS- Kalyanpur, District- Samastipur.

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

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

      For the Petitioner/s    :       Mr. Vinay Kumar Mishra, Advocate
      For the State           :       Mr. Md. Arif, APP
      For the Informant       :       Mr. Brajesh Kumar Singh, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Vinay Kumar Mishra, learned counsel for

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

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

Kumar Singh, learned counsel for the informant.

3. The petitioners apprehend arrest in connection with

Kalyanpur PS Case No. 71 of 2020 dated 20.04.2020, instituted

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

Penal Code.

Patna High Court CR. MISC. No.35555 of 2020 dt.22-06-2021

4. The allegation against the petitioners and others is of

assault on the informant and his family members resulting in

injuries.

5. Learned counsel for the petitioners submitted that the

parties are agnates and there is land dispute between them and on

the said date also both the sides got into a fight for which earlier in

time a case has been filed from the petitioners' side and one of the

accused namely, Santosh Rai has died. It was submitted that the

allegation of assault is general and omnibus and most importantly,

the injuries suffered on the part of the informant and his family

members are all simple in nature. Learned counsel submitted that

at the time of filing of the application, he did not have copy of the

injury reports, but now the same has been received by him and

after going through the same, he is making such statement.

Learned counsel submitted that the petitioners have no criminal

antecedent.

6. Learned APP submitted that the allegation is of

assault by the petitioners also. However, it was not controverted

that the same are general and omnibus in nature.

7. Learned counsel for the informant submitted that

there was a fight between the parties and both the sides have

suffered injury. However, he also did not controvert that the Patna High Court CR. MISC. No.35555 of 2020 dt.22-06-2021

allegations are general and omnibus in nature without there being

any specific overt act attributed to the petitioners.

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 Chief Judicial Magistrate, Samastipur in Kalyanpur PS

Case No. 71 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 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 Patna High Court CR. MISC. No.35555 of 2020 dt.22-06-2021

action on the same after giving opportunity of hearing to the

petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T