Madan Das @ Madan Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16535 of 2016 Arising Out of PS.Case No. -50 Year- 2015 Thana -CHAUSA District- MADHEPURA ====================================================== Madan Das @ Madan Kumar Das S/O Najo Das Resident of VillageGhosai, Police Station- Chousa, District- Madhepura. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Adv. For the Opposite Party/s : Mr. S.M. Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.
The petitioner apprehends his arrest in Chousa P.S. Case No. 50/2015, registered for the offences punishable under Sections 341, 323, 324, 307, 354A, 448, 380, 34 of the Indian Penal Code. Bhago Das is alleged to have assaulted with Khanti on the head of the informant. When the family members of informant came to save him the co-accused Najo Das and Madan Das (petitioner) and Lalo Devi armed with lathi, danda, khanti assaulted the informant, his wife and other family members. It is submitted that there is no specific allegation of assault made against the petitioner. Similarly situated co-accused Najo Das had already been granted anticipatory bail by coordinate Bench of this Court vide order passed in Cr. Misc. 46778/2015. It
Patna High Court Cr.Misc. No.16535 of 2016 (2) dt.12-05-2016 2/2 appears that case of the petitioner is similar to that of Najo Das. Considering the facts aforesaid and the fact that similar situated co-accused had already been granted anticipatory bail and the case of the petitioner stands on similar footing, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is 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 Sri Ashok Kumar 2nd, learned Judicial Magistrate 1st Class, Udakishunganj in connection with Chousa P.S. Case No. 50/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T