Patna High Court – Orders
Ravindra Sah @ Ravindra Kumar vs The State Of Bihar on 10 April, 2025
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15199 of 2025
Arising Out of PS. Case No.-532 Year-2023 Thana- SUPAUL District- Supaul
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1. Ravindra Sah @ Ravindra Kumar S/O Bhupat Sah R/O Vill.- Kharail
Kampur, P.S.- Supaul, Dist.- Supaul
2. Shambhu Sah S/O Late Jamun Sah R/O Vill.- Kharail Kampur, P.S.- Supaul,
Dist.- Supaul
3. Bhupat Sah @ Gupat Sah S/O Late Jamun Sah R/O Vill.- Kharail Kampur,
P.S.- Supaul, Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mrs. Pratibha Srivastava, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2025
Heard Mrs. Pratibha Srivastava, learned counsel for
the petitioners and Mr. Kalyan Shankar, learned APP for the
State.
2. The petitioners are apprehending their arrest in
connection with Supaul P.S. Case No. 532 of 2023, F.I.R. dated
30.06.2023 registered for the offences punishable under
Sections 341, 323, 324, 307, 354(B), 379, 385, 504, 506,34 of
the Indian Penal Code.
3. Allegation against the petitioners is that they along
with other co-accused persons having armed with Farsa and
Sword and other weapons broke the door of the house of the
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informant and entered into his house, and with intention to kill
the informant and his family members, they started assaulting
them due to which they sustained injuries.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. He further submits that the present case is
counter blast of Supaul P.S. Case No. 524 of 2023 filed by the
petitioner against the informant and others on 28.06.2023 but
the present F.I.R. instituted on 30.06.2023 after delay of five
days of the date of occurrence. Learned counsel for the
petitioners further submits that from perusal of the F.I.R., F.I.R.
is in two parts, in first part, there is specific allegation of assault
or overt act against co-accused person namely Arvind Sah and
in second part, there is general and omnibus allegation against
all the accused persons including these petitioners. She further
submits that although the informant has received injury but the
injury report of the informant suggests that the injury is simple
in nature.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioners and submits that
petitioner no. 1 carries one more case and petitioner nos. 2 and 3
carries two more cases other than the present one but fairly
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submits on the basis of paragraph-3 of the bail petition that the
petitioners are on bail in the pending matters..
6. Considering the facts and circumstances of the case
and the fact that there is no specific allegation of any assault or
overt act attributed against these petitioners and there is case
and counter case between the parties, let the petitioners, above
named, in the event of their arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Supaul in connection with Supaul P.S. Case No.
532 of 2023, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure/ Section
482(2) of BNSS, 2023 and with other following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.15199 of 2025(2) dt.10-04-2025
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for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T