Patna High CourtCR. MISC./53963/2017bail granted

Dilip Das And ANR v. The State Of Bihar

2017-11-13Mr. Justice Prakash Chandra Jaiswal2 pages

Patna High Court Cr.Misc. No.53963 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53963 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Dilip Das, Son of Mishrilal Das.

2. Palat Das, Son of Late Jhabar Das, Both resident of Village Sisbar, P.S. Phulparas, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Phulparas P.S. Case no. 145 of 2017 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 302, 448, 380, 427 and 504 of the Indian Penal Code. Co-accused Rajesh Das is said to have indiscriminately assaulted the brother of the informant Bhogi Lal Das by means of iron rod on his head and back at the instigation of the petitioner no. 1 Dilip Das and co-accused Mishri Lal Das and other co-accused persons are also said to have assaulted the wife of Bhogi Lal Das.

Patna High Court Cr.Misc. No.53963 of 2017 (2) dt.13-11-2017 It is submitted by the learned counsel for the petitioners that the petitioners do not happen to be assailant of Bhogi Lal Das rather allegation of assault is against accused Rajesh Das. The injury sustained by the wife of the Bhogi Lal Das is simple in nature caused by hard and blunt substance. There is no allegation of assault against the petitioner no. 2 Palat Das. There is case and counter case between the parties. The petitioners have been languishing in custody since 11.07.2017. Considering the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-II, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case no. 145 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T