Bisheshwar Das @ Visheshwar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2903 of 2020 Arising Out of PS. Case No.-342 Year-2015 Thana- JAYNAGAR District- Madhubani ====================================================== Bisheshwar Das @ Visheshwar Das, aged about 66 years, Gender - Male, Son of Late Nandlal Das, Resident of Village - Dullipatti P.S.- Jainagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary For the Opposite Party/s :
Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-03-2020 Heard Mr. Murari Narain Chaudhary, learned counsel for the petitioner and learned Additional Public Prosecutor for the State .
The petitioner seeks regular bail in connection with Jainagar P.S. Case No. 342 of 2015 / G.R. No. 3364 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code, 1860.
The allegation against the petitioner is that the father of the informant on the date of occurrence i.e. 23.12.2015 at about 9.30 P.M. while had gone to attend the call of nature, was surrounded by the petitioner and other accused persons, who assaulted, and the petitioner caught hold the leg of the father of the informant and the other accused persons assaulted him by legs and fists, causing his death.
Mr. Murarai Narain Chaudhary, learned counsel appearing for the petitioner submits that petitioner has falsely
Patna High Court CR. MISC. No.2903 of 2020(3) dt.20-03-2020 2/3 been implicated in this case along with entire family members inasmuch as the occurrence had allegedly taken place on 23.12.2015, but the F.I.R. was lodged after a delay of three days on 26.12.2015 and that too after the post-mortem of the deceased was completed. Learned counsel further submits that from perusal of the allegations levelled in the First Information Report, the only allegation against the petitioner is that he caught hold the leg of the father of the informant. Learned counsel further submits that there is land dispute between the parties and Police after investigation has submitted chargesheet under Section 304 / 34 of the I.P.C. against the accused persons. The petitioner is in custody since 20.10.2019. Having heard learned counsel for the parties and taking into consideration the fact that no overt act has been alleged against the petitioner, there is land dispute between parties and there is delay in lodging the F.I.R., I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Madhubani / Incharge Successor Court in connection with Jai
Patna High Court CR. MISC. No.2903 of 2020(3) dt.20-03-2020 3/3 Nagar P.S. Case No. 342 of 2015 / G.R. No. 3364 of 2015. (Anil Kumar Sinha, J) praful/- U T