Jitendra Kumar Das @ Jitendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.47992 of 2014 (4) dt.03-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47992 of 2014 Arising Out of PS.Case No. -308 Year- 2014 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Jitendra Kumar Das @ Jitendra Kumar Son of Raj Kumar Das resident of Mohalla- Donar Chowk Macharhatta, P.S.- Sadar, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Anzarul Haque Sahara(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Darbhanga Sadar P.S. Case No. 308 of 2014 registered for the offences punishable under Sections 147, 341, 323, 324, 354 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that from perusal of the FIR itself it appears that the occurrence took place on 05.08.2014 between the informant and the accused persons, including the petitioner. It is further submitted that though the occurrence is said to have taken place on 05.08.2014 but the FIR was lodged on 13.08.2014, for which, no plausible explanation has been offered by the informant. It is further submitted that during course of altercation, the petitioner had also suffered injuries, as a result

Patna High Court Cr.Misc. No.47992 of 2014 (4) dt.03-08-2015 of which, he too, alongwith his father was admitted in PMCH on 06.08.2014 itself and on the same day, he has also given a Fardbeyan, which has been marked as Annexure -2. After perusing the Fardbeyan and FIR, it is evident that there was some dispute between the parties which led to the occurrence. Considering the nature of allegation and also the fact that petitioner has no criminal antecedent, let the petitioner, in the event of his/their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Sadar P.S. Case No. 308 of 2014 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Anjana Mishra, J) Jagdish/- U T