Jitan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38372 of 2022 Arising Out of PS. Case No.-256 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Jitan Das Son of Jageshwar Das Resident of village - Abdullah Nagar, Ward No.- 46, P.S.- Sadar, District - Purnea.

2.

Mithelesh Das Son of Jitan Das Resident of village - Abdullah Nagar, Ward No.- 46, P.S.- Sadar, District - Purnea.

3.

Gulshan Das Son of Jitan Das Resident of village - Abdullah Nagar, Ward No.- 46, P.S.- Sadar, District - Purnea.

4.

Gori Kumar Son of Jitan Das Resident of village - Abdullah Nagar, Ward No.- 46, P.S.- Sadar, District - Purnea.

5.

Sudhakar Kumar Son of Kant Lal Das @ Jitan Das Resident of village - Abdullah Nagar, Ward No.- 46, P.S.- Sadar, District - Purnea. 6.

Jageshwar Das Son of Munilal Das Resident of village - Abdullah Nagar, Ward No.- 46, P.S.- Sadar, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussain, Advocate Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 307, 506/34 and other allied sections of Indian Penal Code.

As per FIR, these petitioners along with other accused persons brutally assaulted the informant and his wife. It is alleged that petitioner Nos. 4 and 5 assaulted son of the informant by means of iron rod, petitioner No. 6 dashed the

Patna High Court CR. MISC. No.38372 of 2022(2) dt.22-11-2022 2/2 informant on the ground and tied Gamchha around his neck. There is no specific allegation on petitioner Nos. 2 and 3. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is submitted that the allegation of commission of abuse and assault against these petitioners is general and omnibus. Furthermore, injury allegedly caused by these petitioners is simple in nature. Petitioners have got clean antecedent.

Considering the simple nature of injury and clean antecedent, let the above named petitioners in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in Sadar P. S. Case No. 256 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) navya/- U T