Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22657 of 2015 Arising Out of PS.Case No. -669 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Shankar Das son of Late Anup Das resident of Village - Bengha, Police Station - Saharsa Sadar, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant named Upendra Das, Bodhi Das, Pulen Das, Ganga Das, Shibu Das, Ram Lagan Das, Anil Das and Mahendra Das and alleged that they along with 20-25 unknown persons having armed with different weapons came while the informant was constructing his boundary wall and demanded extortion. Sumit Saurabh, son of the informant, insisted for construction but the accused persons assaulted him and when Anil Kumar Rathor, brother-in-law of the informant, went to save on such, on the order of Upendra Das and Shibu Das, Ram Lagan Das, Anil Das and Mahendra Das indiscriminately assaulted him. Ram Lagan Das assaulted with three-nut causing injury on his head.

Patna High Court Cr.Misc. No.22657 of 2015 (3) dt.17-09-2015 2/2 It is submitted that petitioner is not named in the FIR. No specific allegation of assault is made against the petitioner. The informant has made very specific allegation of assault against the persons named in his fard bayan. During the course of investigation the informant himself named the petitioner as member of mob and except that there is no material against the petitioner.

Shri Pramod Kumar Mishra, the learned counsel for the informant, and the learned APP, however, vehemently opposed the prayer for bail and submitted that petitioner was also accompanying the named accused who killed Anil Kumar Rathor and brutally assaulted the son of the informant. Having considered the fact that name of the petitioner figured in the case during the course of investigation but no specific allegation of assault is made against him, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S. Case No. 669/ 2014. (Prabhat Kumar Jha, J) BKS/- U T