The Petitioners were released on bail after being apprehended under Sections 341, 323,379, 307, 354(A), 447, and 427/34 IPC: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 206721 Arising Out of PS. Case No. 150 Year 2020 Thana MAHESI District East Champaran Ranjeet Rai @ Ranjeet Kumar aged about 35 years Gender Male Son of Surendra Rai. Shashi Rai aged about 28 years Gender Male Son of Kapil Rai Both are resident of Village Kothiya Hariram PS Mehsi District East Champaran Motihari The State of Bihar ... Petitioner s ... Opposite Party s For the Petitioner s For the State Dr. Alok Kumar Alok Advocate Mr. Mukeshwar Dayal APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 10 08 2021 The matter has been heard via video conferencing. 2. The case has been taken up out of turn on the basis of motion slip filed by learned counsel for the petitioners on 28.07.2021 which was allowed 3. Heard Dr. Alok Kumar Alok learned counsel for the petitioners and Mr. Mukeshwar Dayal learned Additional Public Prosecutorfor the State 4. The petitioners apprehend arrest in connection with Mehsi PS Case No. 150 of 2020 dated 31.05.2020 instituted under Sections 341 323 379 307 354(A) 447 and 427 34 of the Indian Penal Code 5. The petitioners along with 11 others are accused of assaulting the informant his wife and son and also of snatching of Patna High Court CR. MISC. No.206721 dt.10 08 2021 gold mangalsutra as also disrobing her and further it is alleged that the accused entered into the house and ransacked the household articles and also took away Rs. 25 000 kept in a box 6. Learned counsel for the petitioners submitted that there is general and omnibus allegation against all persons and the parties are agnates. It was submitted that the allegation against all the persons is that they had assaulted the informant who was injured and started bleeding from his nose and that the wife was disrobed and her gold mangalsutra was snatched and after ransacking the household articles Rs. 25 000 cash was taken away from the box are cosmetic in nature. It was submitted that only against co accused Birendra Rai who is said to have assaulted the son of the informant on the head by farsa which injury is serious the injury on the informant is simple in nature. It was submitted that even as per the FIR an altercation took place with regard to burning of garbage which was disturbing the informant side and upon being asked to extinguish the same the incident occurred. It was submitted that earlier for the same incident Mehsi PS Case No. 138 of 2020 was lodged by co accused Vishwanath Rai against the informant and others in which it has been stated that there was exchange of hot words among both the families and there was scuffle. Further learned Patna High Court CR. MISC. No.206721 dt.10 08 2021 counsel submitted that the petitioners have been implicated only because they are related to co accused Vishwanath Rai as they were not present at the house on the date of occurrence and was working at Muzzafarpur as daily wage labourers. It was submitted that even otherwise the allegation against the petitioners is totally general and omnibus. Learned counsel submitted that the parties have settled the matter among themselves and a compromise petition has also been filed before the Court below in this connection. It was submitted that the petitioners have no criminal 7. Learned APP submitted that there is allegation of assault by the petitioners in which the son of the informant has received grievous injuries on the head. However it was not controverted that the said allegation is specifically against another co accused Birendra Rai and against the petitioners it is general and omnibus in nature 8. 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 each with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.206721 dt.10 08 2021 learned ACJM 6 East Champaran Motihari in Mehsi PS Case No 1520 subject to the conditions laid down in Section 438(2 of the Code of Criminal Procedure 1973 and further and further i) 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 co operate with the Court and police prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co operate shall lead to cancellation of their bail bonds 9. 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 10. The petition stands disposed of in the (Ahsanuddin Amanullah J

Summary: The petitioners were arrested under Section 341 IPC, “Punishment for wrongful restraint”, section 323, “Punishment for voluntarily causing hurt”, section 379, “Punishment for theft”, section 307, “Attempt to murder”, and sections 354(A), 447 and 427/34 of the Indian Penal Code. This is in connection with Mehsi PS Case No. 150 of 2020 dated 31.05.2020. The high court of Judicature at Patna with honorable Mr. Justice Ahsanuddin Amanullah on the 10th  of August 2021 in the case of Ranjeet Rai and others versus the state of Bihar criminal miscellaneous No. 20673 of 2021, Dr. Alok Kumar Represented as the advocate for the petitioner and Mr. Mukeshwar represented the state of Bihar as the additional Public Prosecutor, the proceedings of the court were held via video conference. The following are the facts of the case, the allegations against the petitioners along with 11 others were that they assaulted the informant and his wife and son and were accused of snatching gold mangalsutra and disrobing her and further the petitioner entered into the house of the informant and ransacked the household articles and took away Rs. 25,000. The counsel for the petitioners submitted that these allegations are general and omnibus against the parties and they are agnates. The petitioners were accused of assaulting the informant, which caused his nose to bleed, disrobed his wife, and snatched her gold mandalsutra. The articles stolen were cosmetic in nature. And only the co-accused was said to have assaulted the informant’s son on his head with a farsa which is serious and the injury on the informant was simple in nature. According to the FIR, an altercation arose when the petitioner was burning garbage and this was disturbing the informants and when they asked for extinguishment the same incident arose. The co-accused also filed for a case Mehsi PS Case No. 138 of 2020 against the informant stating that there was an exchange of hot words and there was a scuffle. The petitioners were involved because they were related to the co-accused by they were not present at the house on the date of the incident and the allegations against the petitioners were all general and omnibus and further petitioners have no criminal antecedent. The APP held that the petitioners were also accused of assault on the son of the informant and the son suffered from grievous injuries on his head. However, the APP has not controverted that the allegations against the petitioners are general and omnibus while as it is specifically against the co-accused. After considering the case’s facts and circumstances, the court held that “the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000 each with two sureties of the like amount each to the satisfaction of the ACJM 6, in Mehsi PS Case No. 150 of 2020, under Section 438(2) Cr.P.C. 1973 (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute the bond and give undertaking concerning good behavior of the petitioners and (iii) that they shall co-operate with the Court and police/prosecution. Any violation of the terms and conditions of the bonds or the undertaking or failure to co-operate shall lead to cancellation of their bail bonds. The petition stands disposed of in the aforementioned terms.” Click here to read the judgment