Jagdish Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40669 of 2022 Arising Out of PS. Case No.-652 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Jagdish Das S/O Late Moti Das Resident Of Village- Uttim Tola Bhagadwa, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 354, 379, 307, 504 of the Indian Penal Code.

The prosecution case in nutshell is that when the informant was encircling his land then his co-villager, namely, Jokhan Das came and claimed the said land. When the informant raised protest then petitioner and other coaccused persons started assaulting on the order of Jokhan Das. Specific allegation against petitioner is that he

Patna High Court CR. MISC. No.40669 of 2022(2) dt.07-12-2022 2/3 assaulted the informant with Farsa on his head, due to which informant sustained head injuries. When the wife of informant came to his rescue then co-accused Jatashanker caught hold and threw her on the ground and tore her clothes. It is also alleged that co-accused Guddu Das took out twenty thousands rupees from the informant's pocket It is submitted by learned counsel for the petitioner that in the background of some land dispute, the present F.I.R has been registered. There is counter version of the occurrence also and petitioner's side also received injuries. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 652 of 2021,

Patna High Court CR. MISC. No.40669 of 2022(2) dt.07-12-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T