Suresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39162 of 2019 Arising Out of PS. Case No.-17 Year-2019 Thana- KAKO District- Jehanabad ====================================================== Suresh Das, son of Doman Das Resident of Village - Chainpur, P.S.- Kako, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Kako (Bhelawar O.P.) P.S. Case No.17 of 2019 for the offence punishable under Sections 341, 323, 379, 307, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that on 24.01.2019 at about 10:00 A.M. when the informat was returning back from his village, the accused persons sitting on the road with weapons and no sooner than the informant reached near Telichak, Suresh Das (the petitioner) and other co-accused hit the informant on his head with iron rod.

Learned counsel for the petitioner submits that there was a case and counter case inasmuch as the son of petitioner was employed by the informant as driver for driving tractor and there was a dispute of wages between the informant side and the side of the petitioner. From the side of the petitioner co-accused Anil Das has also lodged

Patna High Court CR. MISC. No.39162 of 2019(2) dt.26-06-2019 2/2 FIR registered as Jehanabad SC/ST Case No.5 of 2019. Learned counsel for the petitioner further submits that the injury was found to be simple in nature near the part of the right eye and the injury does not relate with the allegation made in the First information report. Having heard learned counsel for the petitioner as well as State and upon perusal of the First Information Report, as well as materials on record, it appears that there was a dispute of wages between prosecution side and the side of the defence and further the injury on the person of the informant is simple in nature. Accordingly, I am inclined to grant anticipatory bail to the petitioner.

The petitioner is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by the petitioner, the petitioner shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Jehanabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T