Shiv Kumar Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44839 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -ATRI District- GAYA ======================================================

1. Shiv Kumar Das, Son of Gulab Chand Das.

2. Sikandra Das, Son of Ramashish Das.

3. Pankaj Das, Son of Krishna Das. All Resident of Village- Manibigha, Police Station- Atri, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Md.Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 307/34 of the Indian Penal Code. The prosecution case is that informant gave Rs. 40,000/- to the petitioner no. 1 namely Shiv Kumar Das, who assure to return the amount on 08.05.2015. When the informant asked for return the money, all the accused persons abused the informant. On protest being made by the informant, Pankaj Das and Yogendra Das came with lathi and assaulted the informant. When Bhola Paswan came to rescue, he was assaulted by all the accused persons. It is specifically alleged that petitioner nos. 1 and

Patna High Court Cr.Misc. No.44839 of 2015 (4) dt.30-10-2015 2 assaulted with lathi to the informant.

It is submitted by the learned counsel for the petitioners that for a petty dispute the accusation has been levelled and there is no injury report on the record. From the First Information Report itself, it is apparent that no substantial injury has been caused to the informant or other. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri Jigar Sah, Judicial Magistrate, Ist Class, Gaya in connection with Atri P.S. Case No. 59 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T