Raghu Nandan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32661 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -KATRA District- MUZAFFARPUR ====================================================== Raghu Nandan Das son of Lakhpati Das, resident of Village- Jaguar tole Kharaj (East) P.S. Katra, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 324 and 307 of the I.P.C. Later on, Section 302 of the I.P.C. has been added. The prosecution story, in brief, is that on the alleged date and time of occurrence assault had taken place in village Kharaj Jajuwar during celebration of Holi festival when the informant and others had gone to pacify the matter. The accused persons including the petitioner came at the door of the informant with dancing and singing with D.J., in course of which the mother of Pintu told with crying that her son was assaulted. When they went to pacify, the accused persons assaulted with farsa and knife resulting head of Bikesh Kumar was broken, head of Nand
Patna High Court Cr.Misc. No.32661 of 2016 (3) dt.17-10-2016 Kishore Thakur was broken by lathi blows, Satish Kumar sustained farsa injury on his Kanpatti, Jita Thakur sustained knife blow on his forehead and informant and others sustained a lot of injuries and they were treated at P.H.C., Katra. Jiya Thakur was referred from P.H.C. to S.K.M.C.H., Muzaffarpur and then P.M.C.H., Patna but he died on 29.3.2016 during course of treatment.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.4.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether 13 persons are named in the F.I.R. including the petitioner. No specific injury has been attributed against him. General and omnibus allegation has been made. The death has taken place after six days of the occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.32661 of 2016 (3) dt.17-10-2016 Chief Judicial Magistrate, Muzaffarpur in connection with Katra P.S. case No.26 of 2016.
(Sudhir Singh, J) Narendra/- U T