Lakhi Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32034 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

LAKHI DAS Son of Resham Lal Resident of Village-Idgah Tola Bhauradah, Panchayat Ward no.06, P.S.-Bahadurganj, District-Kishanganj. 2.

Chaitu @ Chaitu Das Son of Resham Lal Resident of Village-Idgah Tola Bhauradah, Panchayat Ward no.06, P.S.-Bahadurganj, District-Kishanganj. 3.

Etwari @ Atbari Lal Son of Resham Lal Resident of Village-Idgah Tola Bhauradah, Panchayat Ward no.06, P.S.-Bahadurganj, District-Kishanganj. 4.

Raja @ Raja Kumar Harijan Son of Lakhi Das Resident of Village-Idgah Tola Bhauradah, Panchayat Ward no.06, P.S.-Bahadurganj, DistrictKishanganj. 5.

Bachcha @ Bachcha Kumar Son of Lakhi Das Resident of Village-Idgah Tola Bhauradah, Panchayat Ward no.06, P.S.-Bahadurganj, DistrictKishanganj. 6.

Charakhu @ Charaku Son of Lakhi Das Resident of Village-Idgah Tola Bhauradah, Panchayat Ward no.06, P.S.-Bahadurganj, District-Kishanganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bahadurganj P.S. Case No. 57 of 2019, registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code and U/s 27 of the Arms Act.

Patna High Court CR. MISC. No.32034 of 2019(2) dt.14-05-2019 2/3 Petitioners along with one another accused are said to have assaulted the informant's wife and his sister-in-law (Bhabhi) by means of sharp cutting weapons and injured them over row of grazing wheat crop by she-goat.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Although the wife of the informant sustained only one sharp cut injury over right mandable to posterior auricular area but doctor has opined injury as simple in nature. Assailant of the said injury is not ascertained. While sister-in-law of the informant sustained diffuse tender swelling and radish small bruise both inflicted by hard and blunt substance and doctor has opined injury as simple in nature.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two

Patna High Court CR. MISC. No.32034 of 2019(2) dt.14-05-2019 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 57 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) T.Kr./- U T