Partly allowed

Bablu Raj v. the State of Bihar

Patna HC10 Sept 2021CR. MISC./25600/2021

Case brief

AI extract

What is this about?

The Patna HC permitted withdrawal of the bail application by Petitioner No. 2. Subsequently, it granted anticipatory bail to Petitioner Nos. 1, 3 to 5 in a case alleging assault during a free fight over grazing rights, subject to personal bonds, monetary security, and defects removal.

What did the court decide?

Pull for withdrawal of Petitioner No. 2; Anticipatory bail granted to Petitioner Nos. 1, 3 to 5 on personal bonds, subsequently furnishing Rupees ten thousand each with two sureties of the like amount

Bablu Raj 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.25600 of 2021

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Arising Out of PS. Case No.-823 Year-2020 Thana- FORBESGANJ District- Araria

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Bablu Raj S/O Domi Mahraj R/O Village-Dak Haripur Ward No. 13, P.S.FORBESGANJ, District Araria

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Jagdish Mehta @ Jagdish Pd. Mehta S/O Ful Kumar Mehta R/O Village-Dak Haripur Ward No. 13, P.S.-FORBESGANJ, District Araria

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Dev Narayan Mehta S/O Bachchu Mehta R/O Village-Dak Haripur Ward No. 13, P.S.-FORBESGANJ, District Araria

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Jagan Mehta S/O Ful Kumar Mehta R/O Village-Dak Haripur Ward No. 13, P.S.-FORBESGANJ, District Araria

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Abhishek Kumar S/O Lakhan Lal Mehta R/O Village-Dak Haripur Ward No. 13, P.S.-FORBESGANJ, District Araria

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr. N. N. Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 10-09-2021 Heard learned counsel for the petitioners and learned

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APP for the State through virtual mode.

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Learned counsel for the petitioners seeks permission

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of the Court to withdraw this application in respect of petitioner no. 2 as he has been taken into judicial custody.

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Permission is accorded.

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The application is dismissed as withdrawn in respect

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of petitioner no. 2.

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Learned counsel for the petitioner Nos. 1, 3 to 5 is

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Patna High Court CR. MISC. No.25600 of 2021(2) dt.10-09-2021 2/3

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directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioner Nos. 1, 3 to 5 are apprehending their arrest in a case registered under Sections 341, 323, 324, ,307, 379, 506 read with 34 of the Indian Penal Code.

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The prosecution allegation, in short, is that on trivial issue regarding grazing of crop by the cows, the accused persons assaulted the informant due to which he sustained injury.

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It has been submitted on behalf of the petitioner Nos. 1, 3 to 5 that they have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner Nos. 1, 3 to 5. The petitioner Nos. 1, 3 to 5 have falsely been implicated in the present case. The nature of injury is said to be simple caused by petitioner Nos. 3 and 5. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

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On behalf of the State, it is submitted that the petitioner Nos. 1, 3 to 5 are named in the F.I.R.

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Considering the aforesaid facts and circumstances, the

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Patna High Court CR. MISC. No.25600 of 2021(2) dt.10-09-2021 3/3

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petitioner Nos. 1, 3 to 5, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 823 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 Nos. 1, 3 to 5 shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each 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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(Sudhir Singh, J)

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Pankaj/-

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U T

Bablu Raj v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Bablu Raj v. the State of Bihar

Case brief

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