Kailash Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47518 of 2021 Arising Out of PS. Case No.-135 Year-2021 Thana- HALSI District- Lakhisarai ====================================================== 1.
KAILASH DAS Son of Late Bhim Das Resident of village Durdih, P.S. Halsi (Ramgarh Chowk), District - Lakhisarai. 2.
SHARWAN DAS Son of Kailash Das Resident of village Durdih, P.S. Halsi (Ramgarh Chowk), District - Lakhisarai.
3.
DHARMENDRA DAS Son of Kailash Das Resident of village Durdih, P.S. Halsi (Ramgarh Chowk), District - Lakhisarai. 4.
MEENA DEVI Wife of Kailash Das Resident of village Durdih, P.S. Halsi (Ramgarh Chowk), District - Lakhisarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad For the Opposite Party/s :
Mr. Mithlesh Kumar Khare For the Informant Mr. Rajesh Kumar. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 At the outset, it is submitted by learned counsel for the petitioner that he seeks permission to withdraw this application against petitioner no. 1.
Permission is accorded.
This application is dismissed as withdrawn.
So far as petitioner nos. 2 to 4 are concerned, the instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Halsi P.S. Case no. 135 of 2021 instituted for the offence punishable under Sections 448, 341, 323, 379, 307, 504, 596/34 of the
Patna High Court CR. MISC. No.47518 of 2021(2) dt.24-03-2022 2/3 Indian Penal Code.
As per allegation in the FIR, Kailash Das along with other persons having lathi-danda came to the house of the informant and told to execute sale deed in his favour. On objection, accused persons started to assault the informant and his family members.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegation has been levelled against the petitioner. There is case and counter case. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners nos. 2, 3 and 4 on bail. The petitioners nos. 2, 3 and 4 are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Halsi P.S. Case no. 135 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Lakhisrai subject to the
Patna High Court CR. MISC. No.47518 of 2021(2) dt.24-03-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T