Lakhindra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36354 of 2023 Arising Out of PS. Case No.-412 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Lakhindra Das Son of Hansraj Das, Resident of Village- Riga Tole Pipra, P.S. Riga, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-07-2023 Heard learned Counsel for the petitioners and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120(B) of the Indian Penal Code.

3. As per prosecution case, the F.I.R. has been lodged against seven named accused persons with allegation that they reached at the house of informant with knife with a view to kill. The specific allegation is against Uday Das that he attacked by knife on the father, brother and sister of the informant due to which they become injured and by the said injury two persons were died.

4. Learned counsel for the petitioner submits that the informant and petitioner sides are the adjacent neighbourers,

Patna High Court CR. MISC. No.36354 of 2023(2) dt.21-07-2023 2/3 they are well known to each other. He further submits that the cause of dispute is of killing a goat which has been left by the petitioner's family for Puja purposes. He also submits that there is nothing specific against the petitioner in the F.I.R. Learned counsel submits that from the report of the Doctor as mentioned in the case diary about which the Additional Sessions Judge, Sitamarhi in the rejection order acknowledged that the cause of death was due to hemorrhage and shock and the injury is by sharp cutting instrument. He further submits that there is specific allegation against Uday Das who had attacked by knife on the father, brother and sister of the informant but against the present petitioner namely Lakhindra Das there is no such allegation and rest accused persons were arrested. He also submits that antecedent of petitioner is clean.

5. Learned A.P.P. for the State opposes the prayer for bail.

6. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond to the satisfaction of the learned Additional Chief Judicial MagistrateVI, Sitamarhi in connection with Riga P.S. Case No. 412 of

Patna High Court CR. MISC. No.36354 of 2023(2) dt.21-07-2023 3/3 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ritik/- U T