Patna High Court
Rajkumar Uraon vs The State Of Bihar on 24 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34659 of 2020
Arising Out of PS. Case No.-211 Year-2020 Thana- FALKA District- Katihar
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1. Rajkumar Uraon, aged- 30 years, Male, S/o Kamaldev Uraon.
2. Jitendra Uraon, aged- 28 years, Male, S/o Late Jamun Uraon.
3. Deepak Yadav, aged- 29 years, Male, S/o Sikandar Yadav.
4. Pinki Devi, aged- 29 years, Female, W/o Rajesh Yadav.
5. Rekha Devi, aged- 26 years, Female, W/o Sintu Mandal.
6. Loren Uraon, aged- 30 years, Male, S/o Late Hardev Uraon.
7. Babloo Uraon, aged- 29 years, Male, S/o Nago Uraon.
8. Prakash Uraon, aged- 28 years, Male, S/o Indal Uraon.
9. Tufani Uraon, aged- 28 years, Male, S/o Harendra Uraon.
10. Manoj Uraon, aged- 26 years, Male, S/o Gopal Uraon.
11. Dhanjit Uraon, aged- 30 years, Male, S/o Gorelal Uraon.
12. Deepal Uraon @ Deepak Uraon, aged- 32 years, Male, S/o Bulet Uraon.
All R/o- Dumar, P.S.- Falka (Pothia), District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the State : Mr. Anand Mohan Prasad Mehta, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 24-05-2021
The matter has been heard via video conferencing.
2. Heard Mr. Sanjeev Kumar Singh, learned counsel
for the petitioners and Mr. Anand Mohan Prasad Mehta, learned
Additional Public Prosecutor (hereinafter referred to as the
'APP') for the State.
3. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.34659 of 2020 dt.24-05-2021
Falka (Pothia) PS Case No. 211 of 2020 dated 17.06.2020,
instituted under Sections 147, 148, 149, 341, 323, 333, 353, 307,
427 of the Indian Penal Code and 45 of the Bihar Prohibition
and Excise Act, 2016.
4. The allegation against the petitioners is of attacking
the police party when they had gone to conduct raid at the
instance of the local Chaukidar on information about illegal
liquor business and to destroy such liquor, equipment etc.
5. Learned counsel for the petitioners submitted that
they are innocent and have been falsely implicated and further,
that there is no recovery from their house. It was submitted that
though the allegation is of causing injury to the police personnel
and obstruction in performance of official duty and also attack
on the police team, but no injury has been found on any person.
6. Learned APP, from the case diary, submitted that
there have been injuries on three police personnel. However, it
was not controverted that the same is only swelling on the
shoulder and arm and all have been categorized as simple in
nature.
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
Patna High Court CR. MISC. No.34659 of 2020 dt.24-05-2021
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 ADJ II cum Special Judge, Katihar, in Falka PS
Case No. 211 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 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
Patna High Court CR. MISC. No.34659 of 2020 dt.24-05-2021
take immediate action on the same after giving opportunity of
hearing to the petitioner(s).
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
