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2021 DIGILAW 682 (PAT)

Tarun Kumar Yadav v. State Of Bihar

2021-07-23

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - The matter has been heard via video conferencing. 2. Heard Mr. Maya Shankar Mishra, learned counsel for the petitioners and Mr. Md. Arif, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 3. The petitioners apprehend arrest in connection with Singheshwar PS Case No. 275 of 2019 dated 01.12.2019, instituted under Sections 147, 341, 323, 307, 379, 354B, 427, 504 and 506 of the Indian Penal Code. 4. The allegation against the petitioners and others is of assault by various weapons including lathi, iron rod, dabiya, khanti and also firearms and specifically against petitioner no. 1 is of pointing a gun and threatening the informant side and against petitioner no. 2, of assault on head with iron rod on Chandan Mehta. 5. Learned counsel for the petitioners submitted that the allegations, besides being general and omnibus are also not correct. It was submitted that as per the FIR itself, the dispute related to the goat of co-accused Bindeshwari Yadav grazing the cauliflower crop in the field of the informant. Learned counsel submitted that the nephew of the informant Chandan Mehta was examined and one cut mark on the right hand was found. It was further submitted that the injury report of Chandan Mehta discloses that the same was simple in nature caused by hard and blunt substance. Learned counsel submitted that on facts also, the petitioner no. 2 is aged about 79 years and, thus, it cannot be expected that he would assault in the manner alleged in the FIR. He submitted that the petitioners have no other criminal antecedent. Learned counsel submitted that co-accused Bindeshwari Yadav @ Bindyeshwari Yadav and Ramchandra Yadav, against whom also there is allegation of direct overt act by sharp cutting weapon, have been granted anticipatory bail by order dated 13.08.2020 passed in Cr. Misc. No. 18313 of 2020. 6. Learned APP submitted that as per the allegation, the petitioner no. 1 had threatened the informant side by pointing firearm and the petitioner no. 2 had assaulted the nephew of the informant by iron rod on the head. 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. 2 had assaulted the nephew of the informant by iron rod on the head. 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/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in Singheshwar PS Case No. 275 of 2019, 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, (ii) that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners and (iii) that the petitioners shall co-operate with the police/prosecution and the Court. 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. 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 petition stands disposed off in the aforementioned terms.