Gendo Rajbanshi @ Gendu Rajbanshi vs The State Of Bihar
2021 Latest Caselaw 1747 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 33924 of 2020
      Arising Out of PS Case No.-162 Year-2020 Thana- WAZIRGANJ District- Gaya
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Gendo Rajbanshi @ Gendu Rajbanshi, (Male), aged about 55 years, Son of Late Maneshar Rajbanshi, Resident of Village-Chainbigha, PS-Wazirganj, District-Gaya.

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

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

For the Petitioner/s    :        Mr. Ravindra Kumar Sinha, Advocate
For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ravindra Kumar Sinha, learned counsel

for the petitioner and Mr. Md. Arif, learned Additional Public

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

3. The petitioner apprehends arrest in connection with

Wazirganj PS Case No. 162 of 2020 dated 14.04.2020, instituted

under Sections 147, 148, 323, 307, 504, 506, 379 and 427 of the

Indian Penal Code.

Patna High Court CR. MISC. No.33924 of 2020 dt.24-03-2021

4. The allegation against the petitioner and others is of

assault on the informant and his family members and specifically

against the petitioner of inflicting blow on the face by fasuli.

5. Learned counsel for the petitioner submitted that he

has been implicated due to dirty village politics and has no

criminal antecedent. Learned counsel submitted that there is also a

counter case for the same incident. It was submitted that the

petitioner is aged about 55 years and the specific allegation of

assault on the informant by fasuli, which is a sharp cutting

weapon, is not corroborated by the injury report in which no

injury has been found on the face much less, by fasuli. Learned

counsel submitted that the other allegation of general assault and

taking away Rs. 10,000/- from the truck and also vandalizing the

truck are cosmetic only to make the sections grave in the FIR.

6. Learned APP submitted that the petitioner was party

to vandalizing of the truck of the informant and also of assault in

which grievous injury has been found on the informant who has

suffered fracture of his left hand. However, it was not controverted

that the petitioner is not alleged to have given blow on the hand.

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 Patna High Court CR. MISC. No.33924 of 2020 dt.24-03-2021

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned ACJM-1st, Gaya or his successor in Wazirganj PS Case

No. 162 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 petitioner, (ii)

that the petitioner and the bailors shall execute bond with regard

to good behaviour of the petitioner, and (iii) that the petitioner

shall also give an undertaking to the Court that he 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 his bail

bonds. The petitioner 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 his bail bonds.

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

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

the notice of the Court concerned, which shall take immediate Patna High Court CR. MISC. No.33924 of 2020 dt.24-03-2021

action on the same after giving opportunity of hearing to the

petitioner.

9. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T