Kapileshwar Ram And Anr vs State Of Bihar

Heard Mr. Ajay Kumar Thakur, learned counsel along with Ms. Vaishnavi Singh, learned counsel for the petitioners and Mr. Yogendra Kumar

Singh, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Basopatti PS Case No. 102 of 2020 dated 29.05.2020, instituted under Sections 341, 323, 324,

307, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioners and six others had given repeated blows on the informant, his son and son-in-law due to some dispute with

regard to putting up of Nadi.

Learned counsel for the petitioners submitted that though there is an allegation of repeated assault by sword, farsa and other weapons, but the injury

report discloses only one wound at the back of the neck on one of the victims and another scratch on the back of the head and besides that there is no

other injury. It was submitted that there is a counter case also and the genesis of the occurrence is that one of the injured i.e., the son-in-law of the

informant had entered the house of the petitioners and tried to outrage the modesty of one of the womenfolk which led to some fight. Learned counsel

submitted that the petitioner no. 1 is aged 62 years and petitioner no. 2 is 60 years which itself makes it highly improbable that they would also actively

take part in the assault when other male members are already present and are alleged to have attacked the victim. Learned counsel submitted that the

petitioners have no other criminal antecedent, being neighbour of the informant.

Learned APP submitted that the petitioners also took part in the assault. However, he could not controvert the fact that the injury discloses that only

two injuries were found on the so called victim which does not corroborate the allegation that eight persons had given repeated blows with deadly

weapons.

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 Judicial Magistrate, First Class, Madhubani in Basopatti PS

Case No. 102 of 2020, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 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 with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall also give an undertaking to the Court that they shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds

or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the case and be present before the Court on each and

every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

The application stands disposed off in the aforementioned terms.