Anand Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39957 of 2016 Arising Out of PS.Case No. -85 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================

1. Anand Das son of Domi Das

2. Deepak Das Son of Wakil Das

3. Wakil Das son of Ghotan Das

4. Domi Das Son of Ghotan Das

5. Sahdeo Das son of late Uttim Lal Das

6. Pawan Das son of late Phool Chand Das

7. Kishun Das son of sahdeo Das all are resident of village-Mirganj, Ward No. 7, P.S.-Jogbani, Dist-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioners apprehend their arrest in Jogbani P.S. case No. 85 of 2016 under Section 307 and other Sections of the Indian Penal Code.

The informant alleged that Anand Das and Pankaj Das were grazing the Moong crops of the informant from their buffalo and when his father, Jugeshwar Das, objected Anand Das, petitioner No.1, and Pankaj Das assaulted him with Lathi. When the informant, Sanjay Kumar Das, and his brother, Santosh Das, came to save the accused persons are alleged to have assaulted them also.

It is submitted that there is scuffle between two sides. Anand Das is alleged to have assaulted the father of the informant along with Pankaj Das. Pankaj Das has already been arrested.

Patna High Court Cr.Misc. No.39957 of 2016 (2) dt.20-09-2016 2/2 Anand Das caused grievous injuries to the father of the informant. Considering the facts aforesaid, I am not inclined to enlarge petitioner No.1, Anand Das, on anticipatory bail. Accordingly, the same is rejected.

So far as petitioners No. 2 to 7 are concerned, they are alleged to have assaulted the informant and his brother, Santosh Das. The informant and Santosh Das got lacerated wounds which are simple in nature.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners No. 2 to 7, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Jogbani P.S. Case No. 85 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T