Barun Kumar Das @ Barun Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45938 of 2018 Arising Out of PS.Case No. -499 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Barun Kumar Das @ Barun Das Son of Pancham Das

2. Bhikhari Das Son of Pancham Das Both Resident of Village- Kulhariya, P.S. Amarpur, District-Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Amarpur P.S.Case no.499 of 2017 , registered for offences punishable under Sections 341, 323, 308, 504,34 of the Indian Penal Code.

Allegation against the petitioners is of thrashing the informant on the ground causing breaking of the teeth. Submission of the learned counsel for the petitioners is that both are brothers and in the family dispute only a tooth was broken.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.45938 of 2018 (2) dt.07-08-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sri Vikash Kumar, J.M. Ist class, Banka in connection with Amarpur P.S.Cse No.499 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U