Kamal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1060 of 2021 Arising Out of PS. Case No.-75 Year-2020 Thana- ABADPUR District- Katihar ====================================================== KAMAL DAS Son of Dinbandhu Das R/O- Talua, P.S.- Abadpur, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2021 Heard Mr. Sanjeev Kumar Singh, learned counsel for the petitioner and Mr. Yogendra Kumar, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Abadpur PS Case No. 75/2020 registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 354(B), 504 and 379 IPC.

The allegation, as per First Information Report, is that petitioner along with other accused persons arrived at the land of the informant having lethal weapons in their hands, started abusing the informant and upon protest, the petitioner pushed the husband of the informant down to the ground and Bipauti Das assaulted by means of Farsa causing head injury to the husband of the informant.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and both the parties are co-villagers and there is land dispute

Patna High Court CR. MISC. No.1060 of 2021(2) dt.08-04-2021 2/2 between them. Learned counsel further submits that from perusal of the First Information Report, it would be evident that petitioner has not assaulted the husband of the informant and it was the co-accused, namely, Bipauti Das, who has allegedly assaulted the husband of the informant by means of Farsa on his head. Learned counsel next submits that petitioner is in custody since 15.07.2020.

Having regard to the submissions made by the parties and taking into consideration the material on record and the nature of allegation and the petitioner is in custody since 15.07.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, KAMAL DAS be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Abadpur PS Case No. 75/2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T