Rajkumar Uraon And Ors vs State Of Bihar

The matter has been heard via video conferencing.

Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioners and Mr. Anand Mohan Prasad Mehta, learned Additional Public Prosecutor

(hereinafter referred to as the ‘APP’) for the State.

The petitioners apprehend arrest in connection with Falka (Pothia) PS Case No. 211 of 2020 dated 17.06.2020, instituted under Sections 147, 148,

149, 341, 323, 333, 353, 307, 427 of the Indian Penal Code and 45 of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioners is of attacking the police party when they had gone to conduct raid at the instance of the local Chaukidar on

information about illegal liquor business and to destroy such liquor, equipment etc.

Learned counsel for the petitioners submitted that they are innocent and have been falsely implicated and further, that there is no recovery from

their house. It was submitted that though the allegation is of causing injury to the police personnel and obstruction in performance of official duty and

also attack on the police team, but no injury has been found on any person.

Learned APP, from the case diary, submitted that there have been injuries on three police personnel. However, it was not controverted that the

same is only swelling on the shoulder and arm and all have been categorized as simple in nature.

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 ADJ II cum Special Judge, Katihar, in Falka PS Case No.

211 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.

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 petitioner(s).

The application stands disposed off in the aforementioned terms.