Kapileshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13129 of 2019 Arising Out of PS. Case No.-583 Year-2018 Thana- JAYNAGAR District- Madhubani ====================================================== KAPILESHWAR DAS Son of Baua Lal Das Resident of Village - Bela Bagahi, P.S. Jainagar, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jainagar P.S. Case No. 583 of 2018 registered for the offence punishable under Sections 147, 148, 149, 342, 324, 307, 302 of the Indian Penal Code.

Allegation against petitioner and other co-accused is of inflicting knife blow on the husband of the informant. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case due to land dispute. There is general and omnibus allegation against him. Specific allegation of knife blow is against co-accused Ram Kumar Das and Panchu Das. Petitioner has no criminal antecedent and he is in custody since

Patna High Court CR. MISC. No.13129 of 2019(2) dt.06-03-2019 2/2 15.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Madhubani, in connection with Jainagar P.S. Case No. 583 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers 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 petitioner.

(S. Kumar, J) veena/- U T