Vinod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18583 of 2020 Arising Out of PS. Case No.-23 Year-2018 Thana- TISIAUTA District- Vaishali ====================================================== VINOD DAS S/o Faujdar Das R/o village- Shubhankarpur Tikauli, P.S.- Tisiauta, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Tisiauta Police Station Case No. 23 of 2018, registered for the offences punishable under Sections 341/323/324/307/354/379/ 504/506/34 of the Indian Penal Code The allegation against the petitioner is that the petitioner, along with other co-accused persons, arrived at the house of the informant and assaulted him by means of dab (a sharp-cutting weapon), causing injury on his head. Learned Counsel for the petitioner submits that both the parties are co-villagers and earlier Tisiauta Police Station

Patna High Court CR. MISC. No.18583 of 2020(2) dt.05-06-2020 2/3 Case No. 6 of 2018 was lodged by the informant against the coaccused persons for kidnapping of his daughter. He further submits that the petitioner was not an accused in that case and the genesis of the prosecution story is that the petitioner along with other co-accused persons arrived at the house of the informant and threatened him to withdraw the case lodged by him earlier against the co-accused persons. He further submits that from perusal of the impugned order, it would be evident that the injury caused to the informant is not very serious in nature and the police has submitted the charge sheet without obtaining the injury report from the doctor. He further submits that the petitioner is in judicial custody since 28.11.2019.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in custody since 28.11.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Vaishali, at Hajipur, in connection with Tisiauta Police Station Case No.

Patna High Court CR. MISC. No.18583 of 2020(2) dt.05-06-2020 3/3 conditions:- (i) one of the bailors shall be the father of the petitioner (ii) the petitioner shall appear on each and every date fixed in the case and his bail bonds would be cancelled if he fails to appear on two consecutive dates.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √