Ashok Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70217 of 2018 Arising Out of PS. Case No.-311 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== Ashok Das, Son of Bachchu Das, Resident of Village- Mohanpur, Police Station- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar For the State :

Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Laxmipur P.S Case No. 311 of 2018, disclosing offences under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant with an iron rod on his head, causing injury. The petitioner's wife is also an accused, who is said to have handed over the iron rod to the petitioner with which the latter assaulted the informant.

Today, a supplementary affidavit has been filed,

Patna High Court Cr.Misc. No.70217 of 2018(2) dt.17-12-2018 2/3 which is taken on record.

Learned counsel, appearing on behalf of the petitioner, with reference to the injury report, has submitted that the injury has been found to be superficial and belies the case of the prosecution. He further contends that it was because of some dispute between the petitioner and the informant, in respect of which an FIR was registered on the same day by the wife of the petitioner, that the present case has been registered. Considering the nature of accusation, in my opinion, the petitioner deserves the privilege of anticipatory bail. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Sri S.K. Singh, Judicial Magistrate, 1st Class, Jamui in Laxmipur P.S.Case No. 311 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court Cr.Misc. No.70217 of 2018(2) dt.17-12-2018 3/3 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T