Sugreev Paswan And Ors vs State Of Bihar

Heard Mr. Tribhuwan Narayan, learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioners apprehend arrest in connection with Bhabua PS Case No. 332 of 2020, dated 05.06.2020 instituted under Sections 341, 323, 452, 379, 354-B, 504/34 of the Indian Penal Code.

The allegation against the petitioners is general and omnibus, of assault and specifically against petitioner no.1 of disrobing the grand-daughter of the informant, against petitioners no. 2 and 3 of assaulting by lathi and fists and against petitioner no. 5 of snatching gold chain worth Rs.40,000/-.

Learned counsel for the petitioners submitted that the allegations are general and omnibus and there is also a counter case. It was submitted that the mother of the petitioner no. 9 is a Ward Member and was getting a drainage constructed for which the informant had demanded extortion. Learned counsel submitted that there are injuries on both the sides and all are simple in nature. It was further submitted that the allegation of disrobing the grand-daughter of the informant is cosmetic as also snatching gold chain. Learned counsel submitted that the petitioners have no criminal antecedent.

Learned APP submitted that there is allegation of assault and also of snatching of gold chain and disrobing the grand-daughter of the informant.

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 Chief Judicial Magistrate, Kaimur at Bhabua, in Bhabua PS Case No. 332 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 they shall cooperate with the Court/police/prosecution. Any violation of the terms and conditions of the bonds or failure to cooperate shall 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 petitioners.

The application stands disposed off in the aforementioned terms.