Manoj Das @ Manoj Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46323 of 2014 Arising Out of PS.Case No. -257 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Manoj Das @ Manoj Kumar Das Son of Bangali Das Resident of Village - Keota, Police Station - Dalsing Sarai, Dist.-Samastipur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar No.-1 For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 2.6.2014 in Dalsing Sarai P.S. Case No.257 of 2014 for the offence under Section 302/34 of I.P.C.
It is submitted on behalf of the petitioner that prior to the institution of the present case the petitioner was himself attacked by the deceased and as a consequence thereof the petitioner while being treated at Sub-divisional Hospital lodged Dalsing Sarai P.S.Case No.256/14 on 28.5.2014.It is further submitted that as per the F.I.R.the informant himself has stated that while the deceased Pappu Kumar Das was fleeing away after giving blade blow on the neck of the petitioner the villagers who had
Patna High Court Cr.Misc. No.46323 of 2014 (3) dt.16-02-2015 2/2 collected on his alarm chased him and, in fact the deceased was caught and assaulted by the villagers. Also this fact is testified by the case diary which has been perused by the learned counsel for the State.
Considering the aforementioned submissions and also the fact that there is case and counter case and the petitioner has no criminal antecedent and has been in custody since 2.6.2014, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Dalsing Sarai, Samastipur, in Dalsing Sarai P.S. Case No.257/14.
(Anjana Mishra, J) AnilKrSinha/- U T