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2021 DIGILAW 796 (PAT)

Ranjeet Rai @ Ranjeet Kumar v. State Of Bihar

2021-08-10

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - 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 Prosecutor (hereinafter referred to as the 'APP') for 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 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 coaccused 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 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. Further, learned 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 antecedent. 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/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM 6, East Champaran, Motihari in Mehsi PS Case No. 150 of 2020, 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 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 petitioners. 10. The petition stands disposed of in the aforementioned terms.