Madan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17375 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- PUNPUN District- Patna ====================================================== 1.

MADAN DAS Son of Ramnath Das Resident of Nadpur, P.S.- Punpun, District - Patna 2.

Kapil Das Son of Barat Das Resident of Nadpur, P.S.- Punpun, District - Patna 3.

Jhandu @ Pintu Kumar Son of Madan Das Resident of Nadpur, P.S.- Punpun, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Shrivastava For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioners seek bail in Punpun P.S. Case No. 63 of 2020, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code. As per the prosecution case, petitioners along with 7 other named accused persons came at the informant's house and started abusing. On protest, the accused persons started assaulting the father of informant by means of lathi and

Patna High Court CR. MISC. No.17375 of 2021(2) dt.08-07-2021 2/3 brickbat, as a result of which he became severely injured and during course of treatment died.

It is submitted on behalf of the petitioners that there is general and omnibus allegation and no specific overt act has been raised against these petitioners. In fact, the altercation took place between the parties over the petty issue of that the dog of the petitioners had entered the house of informant. There is case and counter case. Petitioners claim clean antecedent and they are in custody since 26.02.2020. Investigation is complete. Considering the facts and circumstances of the case and the fact that there is case and counter case and petitioners bear clean antecedent, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District Judge, Masaurhi in connection with Punpun P.

S. Case No.

Patna High Court CR. MISC. No.17375 of 2021(2) dt.08-07-2021 3/3 cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T