Chandra Shekhar Das @ Chandan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36762 of 2014 Arising Out of PS.Case No. -43 Year- 2014 Thana -MAUZAHIDPUR District- BHAGALPUR ====================================================== Chandra Shekhar Das @ Chandan Das Son of Sri Mahesh Das Resident of Kasimbagh, Police Station- Habibpur, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 16-01-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 29.04.2014 in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 379/34 of the Indian Penal Code. It is alleged that when the informant was returning home from his work place then the petitioner and three other persons wrongfully confined and made assault to commit his murder and in course of scuffle accused Monu Mandal took out his Lap-tap. In the meantime, police reached there and apprehended the petitioner from the spot.

It is submitted by learned counsel for the petitioner that only one substantial injury one half inch long

Patna High Court Cr.Misc. No.36762 of 2014 (03) dt.16-01-2015 2/2 dimension deep cut wound over the right temporal region has been found and the rest are swelling and abrasions, whose size have not been mentioned in the injury report. Though, the opinion has been reserved with regard to nature of injury.

Considering the fact that accusation of assault is against four persons and only one substantial injury has been found, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Mojahidpur P.S. Case No. 43 of 2014.

Considering the criminal antecedent of the petitioner, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of the offence or defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) DKS/- U T