Kailash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18730 of 2019 Arising Out of PS. Case No.-477 Year-2018 Thana- AMARPUR District- Banka * ====================================================== Kailash Das, son of Late Chunchun Das, Resident of Chhoti Jankipur, P.S.- Amarpur, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 20.09.2018 in connection with Amarpur P.S. Case No.477 of 2018 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 385, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that petitioner assaulted son of the informant with an iron rod whereas the specific accusation of firing upon the informant for non-fulfillment of extortion amount of Rs.2.5 lakh is against co-accused Lakho Das, which hit the hnd of the informant.

It is submitted by learned counsel for the petitioner that the accusation of assault by an iron rod is against co-

Patna High Court CR. MISC. No.18730 of 2019(2) dt.01-04-2019 2/2 accused Lakho Das. It is further submitted that the petitioner is made accused in more cases being Amarpur P.S. Case No.318 of 2014 in which he is on bail, statement to that effect has been made in paragraph no.3 of the bail application. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

Considering the fact that the petitioner is alleged to have assaulted with an iron rod to the informant's son and injury not being specific accusation is of firing is against co-accused and coupled with the fact that the investigation has already been concluded, let the above named petitioner be enlarged 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 C.J.M., Banka in connection with Amarpur P.S. Case No.477 of 2018.

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