Patna High Court
Ujawal Kumar vs The State Of Bihar on 29 June, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33948 of 2020
Arising Out of PS. Case No.-231 Year-2017 Thana- JAHANABAD District- Jehanabad
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1. Ujawal Kumar, aged about 45 years, Male, Son of Shashi Bhushan Sharma.
2. Kundan Sharma @ Kundan Kumar, aged about 33 years, Male, Son of
Chandra Bhushan Sharma.
3. Ali Ranjan Kumar @ Bittu Sharma, aged about 26 years, Male, Son of Late
Satish Sharma.
All are resident of Village- Hajipur, PS- Kako, District- Jehanabad.
4. Rintoo Sharma @ Rintoo Kumar Simpal, aged about 34 years, Male Son of
Devendra Kumar @ Devendra Kumar Sharma @ Birendra Kumar, Resident
of Mohalla- Raja Bazar, Jehanabad, PS and District- Jehanabad.
5. Mintoo Sharma @ Simple Kumar, aged about 36 years, Male, Son of
Devendra Kumar Devenda Kumar Sharma @ Birendra Kumar, Resident of
Mohalla- Airodram Jehanabad, PS and District- Jehanabad.
6. Dinesh Sharma @ Dinesh Kumar, aged about 40 years, Male, Son of
Baijnath Sharma (Wrongly mentioned as Raja Ram Sharma), Resident of
Village- Nandanpura, PS- Makhdumpur (Tehta OP), District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate with
Mr. Rakesh Kumar Sharma, Advocate
For the State : Ms. Meena Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 29-06-2021
The matter has been heard via video conferencing.
2. Heard Mr. Ramakant Sharma, learned senior
counsel along with Mr. Rakesh Kumar Sharma, learned counsel
for the petitioners and Ms. Meena Singh, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
Patna High Court CR. MISC. No.33948 of 2020 dt.29-06-2021
State.
3. The petitioners apprehend arrest in connection with
Jehanabad PS Case No. 231 of 2017 dated 09.04.2017, instituted
under Sections 341/ 342/ 323/ 307/ 333/ 353/ 279/ 379/ 420/
504/ 506/ 34 of the Indian Penal Code; Rule 40 of the Bihar
Minor Mineral Concession Rules, 1972 and Rules 1, 2, 3 of the
Bihar Minerals (Prevention of Illegal Mining, Transportation
and Storage) Rules 2003.
4. The allegation against the petitioners is that when a
truck was asked to stop for checking, the driver had rung up the
owner, who had come at the petrol pump and the owner had
called certain other persons who have not been named and they
indulged in assault and later on the name of the petitioners has
transpired that they were the persons who had come at the
behest of the owner of the vehicle and had assaulted and
specifically that the owner had assaulted the police constable by
iron rod on the head.
5. Learned counsel for the petitioners submitted that
there may have been some hot-talk between the parties and the
ground reality is that even the enforcement agencies are not
clean and due to this there may have been some altercation but
no such incident of assault has occurred. It was submitted that
Patna High Court CR. MISC. No.33948 of 2020 dt.29-06-2021
the same would be evident from the fact that no injury report has
been brought on record till date. Further, it was submitted that
the owner, who is said to be the main accused, as he had
assaulted by iron rod on the head of the constable, as alleged,
has been granted anticipatory bail by the Court below on the
ground of alibi which falsifies the present allegation. Learned
counsel submitted that even otherwise on merits, the case was
instituted on 09.04.2017 but for the first time the Investigating
Officer has prayed to the Court for issuance of warrant of arrest
against the petitioners on 30.06.2019 i.e., after more than two
years. Learned counsel submitted that the petitioners have no
criminal antecedent.
6. Learned APP, from the case diary, submitted that as
per the allegation, the petitioners also took part in the assault on
the police constable. However, she did not controvert the fact
that the petitioners are not named and further that they have no
criminal antecedent and also there is no injury report on record.
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)
Patna High Court CR. MISC. No.33948 of 2020 dt.29-06-2021
each with two sureties of the like amount each to the satisfaction
of the learned Chief Judicial Magistrate, Jehanabad in
Jehanabad PS Case No. 231 of 2017, 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 with regard to good behaviour of the
petitioners, and (iii) that the petitioners shall also give an
undertaking to the Court that they shall not indulge in any
illegal/criminal activity, act in violation of any law/statutory
provisions, tamper with the evidence or influence the witnesses.
Any violation of the terms and conditions of the bonds or the
undertaking shall lead to cancellation of their bail bonds. The
petitioners 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
also 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
action on the same after giving opportunity of hearing to the
petitioners.
Patna High Court CR. MISC. No.33948 of 2020 dt.29-06-2021
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
