Gorelal Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32874 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -PANJWARA District- BANKA ======================================================

1. Gorelal Das, son of late Viro Das.

2. Deshdwip Kumar @ Deshdwip @ Deva, son of Gorelal Das. Both are resident of village-Sabalpur, P.S.-Barahat, District-Banka. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Panjawara P.S. Case No.11 of 2017, registered for the offence punishable under Sections 341, 323, 447, 379, 307, 384, 504 and 506 of the Indian Penal Code and under Section 27 of the Arms Act.

A counter case was lodged by the petitioner being Panjawara P.S. Case No. 12 of 2017.

In the present case, allegation has been that while the informant was returning to his home on his Scorpio car, he was intercepted by the accused persons as some stones were kept on the mid of the road, whereupon they took out the

Patna High Court Cr.Misc. No.32874 of 2017 (2) dt.21-07-2017 2/2 informant and started assaulting him and tried to kill him and put the pistol on the temporal region of the head. Learned counsel for the petitioner submits that there is nothing on record to show that any injury has been sustained by the informant, but in fact, it is the informant side, who were the aggressors and assaulted the present petitioner on account of that he was admitted in the hospital, there he has made a statement before the police.

Considering the facts and circumstances of the case, let the petitioners, Gorelal Das and Deshdwip Kumar @ Deshdwip @ Deva, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Panjawara P.S. Case No.11 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) pawan/- U T