Lagan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10222 of 2015 Arising Out of P. S. Case No. -235 Year- 2014 Thana -KESHARIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lagan Das son of Late Raghu Das, resident of village- Lala Chhapra, P.S.- Kesariya, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 302, 447, 504/34 of IPC.

Allegation against the petitioner is to have assaulted the informant with farsa causing injury in her leg and assaulted the deceased on his wrist and instigated co-accused to kill the deceased. Thereafter, Sukhari Das assaulted the deceased with Bhala in his chest causing his death.

It is submitted that the petitioner is not the main assailant. The injury caused to the deceased and the informant by the petitioner is not on the vital part. The petitioner has no criminal antecedent. He has been in custody since 9.10.2014.

Patna High Court Cr.Misc. No.10222 of 2015 (3) dt.23-06-2015 2/2 Learned counsel for the State submits that the deceased has been caused to death at the instigation of the petitioner, who had also participated in the occurrence. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sri D. Kumar, Judicial Magistrate, East Champaran at Motihari/court concerned in Keshariya P. S. Case No. 235 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T