Raghu Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45301 of 2016 Arising Out of PS.Case No. -21 Year- 2014 Thana -HATHAURI District- SAMASTIPUR ======================================================

1. Raghu Das Son of Late Budhan Das

2. Satya Narayan Das

3. Ram Balak Das

4. Ram Raji Das, All 2 to 4 are sons of Raghu Das

5. Arun Das Son of Late Madru Das

6. Hare Ram Das @ Hare Ram Kumar Das Son of Arun Das.

7. Vinod Das, Son of Late Mahavir Das.

8. Lakshman Das of Vinod Das All are resident of Village- Punma Dharampur, P.S. Hathauri, District- Samastipur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Hathauri P.S. Case No. 21 of 2014 for the offences instituted under Sections 147, 148, 149, 341, 447, 323, 307, 379 and 504 of the Indian Penal Code.

The allegation against the petitioners is of assaulting the informant by means of lathi and rod and when his wife came to save him, all of them have abused and assaulted her also. Subsequently, the petitioner Ram Raji Das is also said to have

Patna High Court Cr.Misc. No.45301 of 2016 (2) dt.16-12-2016 2/2 taken the mobile of informant and cash Rs. 3000/- from his pocket besides snatching golden locket from his neck before fleeing away.

It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. They have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. Both the sides are said to have been injured in free fight.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Hathauri P.S. Case No. 21 of 2014, on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Rosera, Samastipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T