Ashish Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24366 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -NAWINAGAR District- AURANGABAD ======================================================
1. Ashish Das, son of Shambhu Das
2. Arun Das, son of Birendra Das
3. Ajay Yadav, son of Nand Kishor Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Leelawati Kumari, Advocate For the Opposite Party/s : Mr. Hirday Prasad Singh, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 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, 323, 235, 307, 379, 504,34 of the Indian Penal Code. Prosecution case is that on 20.03.2016 at about 8.30 PM while the informant was returning to his house along with his friend Shiv Prasad Sah, through motorcycle, on the way the accused person started abusing and thereafter all the accused persons assaulted with lathi and danda. When Shiv Prasad Sah came to rescue then he was also assaulted. It is also alleged that petitioner no.1, Ashish Das, snatched mobile when petitioner no.3, Ajay Yadav, snatched Rs.7000/- from the pocket of the informant.
Patna High Court Cr.Misc. No.24366 of 2016 (2) dt.31-05-2016 2/2 It is submitted by learned counsel for the petitioners that the injuries of the informant and his fried have been found superficial, simple in nature. There is counter version of the occurrence and the accusation of assault is not specific against petitioner no.3, who is in service and was at Delhi on the date of occurrence. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners 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) each with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad, in connection with Nabinagar P.S. Case No.34/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T