Mohan Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20337 of 2016 Arising Out of PS.Case No. -488 Year- 2015 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mohan Das Son of Kanma Das

2. Manoj Das Son of Nagina Das .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Durgesh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341, 342, 447, 323, 324, 307, 379, 504/34 of the Indian Penal Code. Prosecution case is that on 28.12.2015 at 6 PM all the accused persons including the petitioners came at the door of the informant and started abusing him. It is further alleged that petitioner no.1 Mohan Das assaulted with knife to the informant causing injury on his right hand when petitioner no.2 Manoj Das took away Rs.3000/- from the pocket of the informant. The injury of the informant has been found to be grievous. It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.20337 of 2016 (2) dt.11-05-2016 2/3 that in the background of land dispute the accusation has been levelled.

Considering the fact that the injury of the informant has been found to be grievous caused by petitioner no.1 Mohan Das, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of petitioner no.1 Mohan Das, if he surrenders within a period of six weeks in connection with Harsidhi P.S. Case No.488/2015, pending before the learned CJM, East Champaran at Motihari.

With the above observation, this application so far as relates to petitioner no.1 Mohan Das is, accordingly, disposed off.

So far as petitioner no.2 Manoj Das is concerned, since the accusation of assault has not been alleged against him coupled with a statement made in paragraph 3 of the petition that petitioner no.2 has no criminal antecedent, let him be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari, in connection with Harsidhi P.S.

Patna High Court Cr.Misc. No.20337 of 2016 (2) dt.11-05-2016 3/3 Case No.488/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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