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Subhash Bind v. The State of Bihar

Patna HC16 Sept 2021CR. MISC./11838/2021

Case brief

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What is this about?

The Patna High Court issued a conditional order granting anticipatory bail to the petitioner subject to future personal bonds and the restoration of normal court functioning, while permitting one petitioner to withdraw their application.

What did the court decide?

Anticipatory bail granted on personal bond contingent upon the restoration of normalcy, with a direction to furnish bonds within eight weeks thereafter.

Subhash Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11838 of 2021

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Arising Out of PS. Case No.-38 Year-2020 Thana- CHIKSAUR District- Nalanda

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======================================================

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SUBHASH BIND Son of Birju Bind @ Birju Bind Resident of Village - Jalalpur, P.s.- Chiksaura, Distt.- Nalanda.

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MANGAL BIND @ MANGAL JAMADAR Son of Sidheshwar Bind Resident of Village - Jalalpur, P.s.- Chiksaura, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr.Shyamal Prakash, Advocate For the Opposite Party/s : Mr. APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 16-09-2021

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Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

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Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

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Counsel for the petitioners seeks permission to withdraw the present application on behalf of petitioner No.2, as the petitioner No.2 has been taken into judicial custody.

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Permission is accorded.

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The application filed on behalf of petitioner No.2 is dismissed as withdrawn.

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The petitioner No.1 is apprehending his arrest in connection with Chiksaura P.S. case No.38 of 2020 registered

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Patna High Court CR. MISC. No.11838 of 2021(2) dt.16-09-2021 2/3

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under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code. Later on, Section 302 of I.P.C. has been added.

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Prosecution case, in short, is that co-accused Budhu Bind assaulted Sonu Kumar by farsa causing head injury, due to which he became unconscious. Co-accused Jawahar Bind assaulted Ajay Ram by kudal on his head, due to which he became senseless and co-accused Sanjeet Bind assaulted Bijay Ram by rod causing head injury, due to which he became unconscious. Other accused persons and 3-4 unknown assaulted the informant and Om Prakash Ram by lathi and farsa, due to which they sustained injuries. Later on, in course of treatment victim Sonu Kumar died.

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It has been submitted on behalf of the petitioner No.1 that the petitioner No.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No.1. The petitioner No.1 has falsely been implicated in the present case. Co-accused Budhu Bind is alleged to have assaulted by farsa on the head of the deceased. Co-accused Jawahar Bind is alleged to have assaulted Ajay Ram by kudal and co-accused Sanjeet Bind is alleged to have assaulted Bijay Ram by iron rod on his head. So far the petitioner No.1 is concerned, he is not named in the F.I.R. His name has come in

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Patna High Court CR. MISC. No.11838 of 2021(2) dt.16-09-2021 3/3

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course of investigation. No specific overt act is alleged against the petitioner No.1. General and omnibus allegation has been made against the petitioner No.1.

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On behalf of the State, it is submitted that the petitioner No.1 is not named in the complaint case/F.I.R.

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Considering the facts and circumstances of the case, the petitioner No.1, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned 1^st Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chiksaura P.S. case No.38 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner No.1 shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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Narendra/-

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(Sudhir Singh, J)

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U T

Subhash Bind v. The State of Bihar

Case brief

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Subhash Bind v. The State of Bihar

Case brief

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