Nepali Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35316 of 2018 Arising Out of PS. Case No.-58 Year-2012 Thana- ANGARGHAT District- Samastipur ======================================================

1. Nepali Das, Son of Late Bachhu Das

2. Baigan Das, Son of Late Lakhi Das Both are residents of Village Dardhiya Asadhar, PS Angarghat, District Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Angarghat PS Case No.58 of 2012 registered under Sections 302/120(B)/34 of the Indian Penal Code. Allegation in brief is that large number of villagers including the FIR named accused persons turned up to the house of the informant in search of her son, not finding the son in the house, they went for his search, later on the son of the informant was assaulted by the FIR named accused persons as a result he succumbed to the injury.

Learned counsel for the petitioners submits that there is no specific allegation against the petitioners, the informant is not the eye witness and it is alleged that the son of the informant

Patna High Court Cr.Misc. No.35316 of 2018(2) dt.20-06-2018 2/2 had enmity with another co-villager Bulaki Das and not with the petitioners and summons of appearance of the accused persons was issued on 13.03.2018 and prior to that petitioner had no knowledge and one of the co-accused Ranjan Kumar was earlier granted bail by a co-ordinate Bench of this Court vide order dated 14.02.2013 passed in Cr. Misc. No.3217 of 2013 and the petitioners bear clean antecedent.

Having considered the aforesaid facts and circumstances, petitioners, namely, Nepali Das and Baigan Das are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-II, Dalsinghsarai, District Samastipur in connection with Angarghat PS Case No.58 of 2012 with condition that the petitioners shall remain physically present on each and every date before the trial court and if they absent themselves on two consecutive dates without any reasonable cause, their bail bonds shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T