CRIMINAL MISCELLANEOUS 215 of 2024 on 30 December 2024

1. Shiv Jee Prasad S/O Late Chuni Lal Sah Village- Bhatnahiya ,P.S-Darpa,District-East Champaran,District-East Champaran

2. Manoj Kumar S/O Late Chuni Lal Sah Village- Bhatnahiya ,P.S-Darpa,District-East Champaran,District-East Champaran

3. Om Prakash Prasad S/O Late Dashrath Sah Village- Bhatnahiya ,P.S-Darpa ,District-East ChamparanDarpa ,District-East Champaran

4. Hari Om Prasad S/O Late Dashrath Sah Village- Bhatnahiya ,P.S-Darpa,District-East Champaran,District-East Champaran

5. Radhe Shyam Prasad S/O Shiv Jee Prasad Village- Bhatnahiya ,P.S-Darpa,District-East Champaran,District-East Champaran 205-05-2025

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

Appearance :For the Petitioner/s: Mr. Vijay Shankar Shrivastava, AdvocateFor the Opposite Party/s : Mr. Raj Ballabh Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMAORAL ORDER

Heard Mr. Vijay Shankar Shrivastava, learnedcounsel for the petitioners and Mr. Raj Ballabh Singh, learnedAdditional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Darpa P.S. Case No.215 of 2024, F.I.R. dated30.12.2024 for the offences punishable under Sections 191(2),190, 126(2), 115(2), 118(1), 109, 303(2), 308(3), 308(4), 111(3),352, 351(2) of Bharatiya Nyay Sanhita.

3. According to prosecution case, when the informant went for an enquiry of Case No. 208/2024 and 211 of 2024,petitioner no.2 along with other accused person arrived andstarted abusing and threatened to kill those who gave witness infavour of Jitesh Kumar. Two accused persons assaulted thebrother of the informant on his head and petitioner no.1,3,4 & 5along with other accused persons variously armed with farsa,rod, bhalbarchi arrived at the house of Jitesh Kumar andattacked and assaulted Mukesh Kumar. Petitioner no.5 snatchedgolden chain of Mukesh Kumar and Petitioner no.2 opened fireand other accused persons took two bicycles from the barmadaof Jitesh Kumar.

4. Learned counsel for the petitioners submits thatpetitionersare innocent and they have falsely been implicated inthe present case. The present case is the counter blast of DarpaP.S Case No. 214 of 2024, filed by one Sunil Kumar (co-accused in the present case) against Jitesh Kumar, Lal SahebKumar, Mukesh Kumar and others. Although the petitioners arenamed in the FIR but from bare perusal of the FIR it transpiresthat FIR is in two parts, in the first part there is specificallegation of assault against one Monu Lal Rai and in secondpart there is general and omnibus allegation against all theaccused persons including these petitioners. He further submits that there is specific allegation against petitioner no.2 that heopened fire and demanded ransom from the brother of theinformant. He further submits that the informant has filed thepreset case after filling of Darpa P.S Case No. 214 of 2024 andapart from that the injury sustained by the injured persons issimple in nature.

5. The learned Additional Public Prosecutor hasvehemently opposed the prayer for bail of the petitioners on theground that petitioners have one criminal antecedent other thanthe present one.

6. Considering the aforesaid facts and circumstances,there is case and counter case between the parties and there is nospecific allegation against the petitioners and injury sustained bythe injured persons is simple in nature, let the petitioners, abovenamed, in the event of arrest or surrender before the court belowwithin a period of thirty days from the date of receipt of theorder, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount eachto the satisfaction of the learned C.J.M. Motihari, EastChamparan in connection with Darpa P.S. Case No.215 of 2024,subject to the conditions as laid down under Section 438(2) ofthe Code of Criminal Procedure / Section 482(2) of the Bhartiya Suruchi/- UT

Nagarik Suraksha Sanhita and with other following conditions:-

i. Petitioners shall co-operate in the trial and shall beproperly represented on each and every date fixed by the courtand shall remain physically present as directed by the court andon their absence on two consecutive dates without sufficientreason, their bail bond shall be cancelled by the Court below.

ii. If the petitioners tampers with the evidence or thewitnesses, in that case, the prosecution will be at liberty tomove for cancellation of bail.

iii. And further condition that the court below shallverify the criminal antecedent of the petitioners and in case atany stage it is found that the petitioners have concealed theircriminal antecedent, the court below shall take step forcancellation of bail bond of the petitioners. However, theacceptance of bail bonds in terms of the above-mentioned ordershall not be delayed for purpose of or in the name ofverification.

(Rajesh Kumar Verma, J)