Dhandeo Das @ Dhandev Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47828 of 2014 Arising Out of PS.Case No. -133 Year- 2011 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Dhandeo Das @ Dhandev Das, S/o Ram Sunar Das, resident of villageDumri Permanandpur, P.S.-Dewaria, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Karn, Advocate For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302 and 379 of the Indian Penal Code.

The allegation against the petitioner is to have stabbed the informant and his money was taken by another co-accused. Later on, the informant succumbed to the injury.

It is submitted that the death has been caused after a long interval of the occurrence due to septicaemia because the proper treatment was not done. It is further submitted that earlier the petitioner was granted liberty to renew his prayer for bail after framing of charge. It is further submitted that it appears from the order dated 20.08.2014 passed by the learned trial court that the charge has been framed on 26.08.2013, but not a single witness

Patna High Court Cr.Misc. No.47828 of 2014 (3) dt.13-03-2015 2/2 has been examined although bailable warrant has been issued against the witnesses. The petitioner has no criminal antecedent. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Muzaffarpur in Sessions Trial No.509/2013 arising out of Dewaria P.S. Case No.133 of 2011 with the following conditions : 1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T