Sakaldip Das @ Sakaldeep Kumar Das @ Sakaldeep Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27310 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
SAKALDIP DAS @ SAKALDEEP KUMAR DAS @ SAKALDEEP DAS SON OF PRADEEP DAS RESIDENT OF VILLAGE- GANGAULIYA, PSSARAIYA, DISTT- MUZAFFARPUR BIHAR 2.
CHANDRADIP DAS @ CHANDRADEEP DAS SON OF PRADEEP DAS RESIDENT OF VILLAGE- GANGAULIYA, PS- SARAIYA, DISTTMUZAFFARPUR BIHAR 3.
RANJIT KUMAR @ RANJEET KUMAR SON OF PRADEEP DAS RESIDENT OF VILLAGE- GANGAULIYA, PS- SARAIYA, DISTTMUZAFFARPUR BIHAR ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Upendra Kumar Chaubey, Advocate For the State :
Mr. Rabindra Kumar , Addl. Public Prosecutor For the Informant :
Mr. Hemant Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under sections 447, 341, 323, 307, 354, 504, 34 of the Indian Penal Code and later on 302 I.P.C.
As per the prosecution case, all the accused persons entered the house of the informant and tried to kidnap his
Patna High Court CR. MISC. No.27310 of 2023(2) dt.11-07-2023 2/3 daughter and when family members opposed, one co-accused Dilip Das gave lathi blow on the head of son of informant, whereafter, Anil Das pierced screw driver near his eyes causing grievous injury to him.
It is submitted that these petitioners and informant are close neighbour and due to enmity and village politics they have been made accused in this case. The specific allegation of assault is against co-accused namely Dilip Das and Anil Das. There is 10 days delay in lodging the F.I.R for which there is no plausible explanation which itself creates doubt over the prosecution case. Similarly situated co-accused persons have already granted bail by this Court vide order dated 20.01.2023 in Cr. Misc. No. 54510 of 2022. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate4th West, Muzaffarpur in connection with Saraiya P.S. Case No 265 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.27310 of 2023(2) dt.11-07-2023 3/3 Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T