Chunu Das @ Satish Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53119 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -PANDAUL District- MADHUBANI ======================================================

1. Chunu Das @ Satish Kumar Das, Son of Shiv Shankar Das, resident of Village- Pandaul Laheri Tole, P.S.- Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Pandaul P.S.Case No.78 of 2017 registered for offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code and later on added under Section 302 of the IPC.

Allegation against the petitioner is of taking the father of the informant and thrashing him causing his death. Submission of the learned counsel for the petitioner is that death has happened after three months of the occurrence and there is no allegation of assault by any weapon. The deceased was old person, as such due to fall on the ground, he died. The petitioner is in custody for four months.

Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court Cr.Misc. No.53119 of 2017 (2) dt.15-11-2017 2/2 bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani in connection with Pandaul P.S.Case No.78 of 2017 dated 16.5.2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T