Violating conditions under Section 438(2) of CrPC shall lead to cancellation of bail bonds: Patna High Court

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.346620 Arising Out of PS. Case No. 260 Year 2020 Thana RANIGANJ District Araria 1. Md. Abid aged about 55 yearsson of Akhimuddin @ Akalu 2. Md. Juber aged about 45 yearsson of Akhimuddin @ Akalu 3. Md. Saddam aged about 26 yearsson of Md. Abid All resident of Village Kala Balua Ward No. 06 P.S. Raniganj District ... Petitioner s The State of Bihar For the Petitioner s For the State CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH Mr. Mukesh Kumar Rana Advocate Mr. Atul Chandra APP ... Opposite Party s Date : 03 05 2021 The matter has been heard via video conferencing. 2. Heard Mr. Mukesh Kumar Rana learned counsel for the petitioners and Mr. Atul Chandra learned Additional Public Prosecutorfor the 3. The petitioners apprehend arrest in connection with Raniganj PS Case No. 2620 dated 28.05.2020 instituted under Sections 341 323 324 307 354 B 379 447 504 506 34 of the Indian Penal Code 4. The allegation against the petitioners is of general assault on the informant his wife and brother and specifically Patna High Court CR. MISC. No.346620 dt.03 05 2021 against co accused Bibi Arhsadi that she gave two sword blows on the head of the informant and that she snatched silver chain worth Rs.2500 from his wife and that the petitioner no. 1 tore the clothes of the informant’s wife. 5. Learned counsel for the petitioners submitted that the petitioner no. 1 is the full brother of the informant and there is property dispute. It was submitted that the FIR has been lodged after six days of the incident and there is also counter case for the same incident lodged by the petitioner no. 1. It was submitted that the petitioner’s side had also received injuries Learned counsel submitted that besides the allegation being general in nature against the petitioners they have no criminal 6. Learned APP submitted that the petitioners had also assaulted the informant’s wife and brother. 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 of the Code of Criminal Procedure 1973 and further that one of the bailors shall be a close relative of the petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners andthat they shall cooperate with the Court and the police prosecution. Any violation of the terms and conditions of the bonds or undertaking or failure to co operate shall 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 9. The application stands disposed off in the (Ahsanuddin Amanullah J J. Alam 

Summary: 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. This was said in the case of Md. Abid vs The State Of Bihar [Criminal Miscellaneous No.34661 Of 2020] by Mr. Justice Ahsanuddin Amanullah in the High Court of Judicature at Patna  The facts of the case are that there is an allegation against the petitioners of general assault on the informant, his wife and brother and specifically against co-accused, Bibi Arhsadi, that she gave two sword blows on the head of the informant and that she snatched silver chain worth Rs.2500/- from his wife and that the petitioner no. 1 tore the clothes of the informant’s wife. The petitioners apprehend arrest in connection with the case instituted under Sections 341, 323, 324, 307, 354-B, 379, 447, 504, 506/34 of the Indian Penal Code. Hence, the bail application was filed Learned counsel for the petitioners contended that the petitioner no. 1 is the full brother of the informant and there is property dispute. Secondly, it was contended that the FIR has been lodged after six days of the incident and there is also counter case for the same incident lodged by the petitioner no. 1. Thirdly, it was contended that the petitioner’s side had also received injuries. Learned counsel further contended that besides the allegation being general in nature against the petitioners, they have no criminal antecedent.  Learned Additional Public prosecutors on behalf of the State submitted that the petitioners had also assaulted the informant’s wife and brother Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court said that “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) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 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 and give undertaking with regard to good behaviour of the petitioners, and (iii) that they shall cooperate with the Court and the police/prosecution”.