Petitioners were released on bail after being arrested under Sections 147, 341, 323, 325, 379, 504, 506, 386, 307 IPC and 27 of the Arms Act, 1957: High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 145721 Arising Out of PS. Case No. 363 Year 2019 Thana TEGHRHA District Begusarai Ram Kumar Ray @ Ram Kumar @ Ramma Male aged about 33 years Son of Bhola Ray Resident of Village Bariyarpur Barauni Ward No.9 PS Teghra District Begusarai Sonu Kumar @ Pukka @ Rupesh Kumar Male aged about 19 years Son of Lalan Prasad Singh Resident of Village Barauni 3 Ward No.4 PS Teghra District Begusarai The State of Bihar ... Petitioner s For the Petitioner s For the State Mr. Mukesh Kumar Singh Advocate Dr. Ajeet Kumar APP CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ... Opposite Party s ORAL JUDGMENT Date : 30 07 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 22.07.2021 which was allowed. 3. Heard Mr. Mukesh Kumar Singh learned counsel for the petitioners and Dr. Ajeet Kumar learned Additional Public Prosecutorfor the State 4. The petitioners apprehend arrest in connection with Teghra PS Case No. 363 of 2019 dated 17.10.2019 instituted under Sections 147 341 323 325 379 504 506 386 307 of the Indian Penal Code and 27 of the Arms Act 1957 Patna High Court CR. MISC. No.145721 dt.30 07 2021 5. The allegation against the petitioners is that they were party to demand of extortion by co accused Lalan Singh who is also the father of petitioner no. 2 but against the petitioners it is general and omnibus whereas against two other co accused it is specific of giving blow by the butt of the gun on the head of the son of the informant whereas against the petitioner no. 2 it is also specific of taking away Rs. 55 000 as also the cash box from the poultry farm of the informant 6. Learned counsel for the petitioners submitted that a completely false and concocted case has been instituted for oblique reasons. It was submitted that the petitioner no. 2 along with his brother and father has been made accused for the reason that they are neighbours and there was dispute with regard to passage for which a panchayati was held and despite the verdict in favour of the petitioner no. 2 the informant did not obey the same and petitioner no. 1 had supported the petitioner no. 2 and his father in the said panchayati due to which there is false implication. It was submitted that the allegation that petitioner no 2 took away Rs. 55 000 is ornamental. Moreover learned counsel submitted that even if the allegation is taken at its face value the specific allegation is that another co accused who is the brother of petitioner no. 2 i.e. Nishu Kumar had given repeated Patna High Court CR. MISC. No.145721 dt.30 07 2021 blows on the head on the son of the informant by the butt of gun though not a petitioner herein even such allegation is falsified as only two wounds have been found on the head one being simple and another being grievous but there is no sign of any repeated blows. Learned counsel submitted that the petitioners have no other criminal antecedent. 7. Learned APP submitted that the petitioners were party to demand of extortion and also assault on the son of the informant. However it was not disputed that against petitioner no 1 the allegations are general and omnibus and against petitioner no. 2 the only specific allegation is of taking away of Rs. 55 000 and the cash box from the poultry farm of the informant. 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 learned Chief Judicial Magistrate Begusarai in Teghra PS Case No. 3619 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure 1973 and further and further that one of the bailors shall be a close relative of the Patna High Court CR. MISC. No.145721 dt.30 07 2021 petitioners that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners andthat the petitioners 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 apprehended under Section 147 IPC, “Punishment for rioting”, section 341, “Punishment for wrongful restraint” section 323, “Punishment for voluntarily causing hurt”, section 325, “ Punishment for voluntarily causing grievous hurt” and section 379, “Punishment for theft”, section 504, “ Intentional insult with intent to provoke breach of the peace” and sections 506, 386, 307 IPC, and 27 of the Arms Act, 1957, “Punishment for using arms.” This is in connection with Teghra PS Case No. 363 of 2019 dated 17.10.2019. This Judgment was given in the high court of Judicature at Patna by honorable Mr. Justice Ahsanuddin Amanullah on the 30th of July 2021 in the case of Ram Kumar Ray versus Sonu Kumar criminal miscellaneous No. 14576 of 2021, Mr. Mukesh Kumar represented as the advocate for the petitioner and Mr. Ajeet Kumar represented the state of Bihar as the additional Public Prosecutor, the proceeding of the court was held through video conference. The following are the facts of the case, the allegation against the petitioner is that they were party to demand of extortion by the co-accused who is the father of the petitionermo.2 the allegations against the petitioners were general and omnibus and the co-accused were held for assaulting the informant by hitting his head using the butt of the gun, petitioner no.2 was accused of taking away Rs. 55,000 and also the cash box from the poultry farm belonging to the informant. The counsel for the petitioners submitted that the allegations were false and have been instituted for oblique reasons, petitioner no.2 and his father being the neighbors of the informant were accused only due to some dispute regarding the Panchayati verdict. Regarding the allegation that petitioner no.2 took away Rs.55,000 is ornamental. Allegations against the brother of petitioner no.2 that he had given repeated blows on the head of the son of the informant using the butt of a gun, even though he is not the petitioner in this case, such allegations against the family of the petitioner are falsified because according to the injury report only two wounds have been found on the head no sign of repeated blows. The counsel further submitted that the petitioners have no other criminal antecedent.   The Additional Public Prosecutor for the state of Bihar held that clearly, the petitioners were a party to the demand of extortion and committed an assault on the son of the informant. However it is not controverted that the allegations against petitioner no.1 are general and omnibus while the allegations against petitioner no.2  took away Rs50,000 and cash box from the poultry farm of the informant.   After considering the facts and circumstances of the case the court decided that the petitioners will be released on bail upon furnishing bail bonds of Rs. 25,000 each with two sureties to the Chief Judicial Magistrate, under certain conditions laid down in Section 438(2) Cr.P.C. 1973  “(i) that one of the bailors shall be a close relative of the Patna High Court CR. MISC. No.14576 of 2021 dt.30-07-2021 4/4 petitioners, (ii) that the petitioners and the bailors shall execute the bond and give an undertaking with regard to the good behavior of the petitioners and (iii) that the petitioners shall co-operate with the Court and police/prosecution.”