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Patna High CourtCR. MISC./47373/2019bail granted

Arun Kumar Das v. The State Of Bihar

2019-08-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47373 of 2019 Arising Out of PS. Case No.-192 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== ARUN KUMAR DAS, Son of Late Kamru Das, Resident of Village - Loukhi, P.S.- Loukhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Opposite Party/s :

Mr.Umesh Lal Verma For the Informant :

Mr. H. N. Harshit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-08-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Laukaha P.S. Case No.192 of 2018 instituted for the offence under Section(s) 341, 323, 324, 307, 354, 379, 504/34 Indian Penal Code.

It is alleged that on the date of occurrence petitioner and other accused came armed with weapon and abused the informant. The informant made protest then on the order of coaccused, Indrajeet Das, co-accused, Vinod Das, assaulted with Dabiya on the head of the informant. Thereafter, petitioner also assaulted by means of Tengari on his head. The informant sustained head injury. Co-accused Santosh Das and Indrajeet Das also assaulted with iron rod. He subsequently fell down. When wife of the informant, America Devi, and mother of the informant, Shanti Devi, came, they were also assaulted by

Patna High Court CR. MISC. No.47373 of 2019(2) dt.06-08-2019 2/2 means of Dabiya, Tengari and iron rods.

Counsel for the petitioner submits that all the injuries found on parietal region of the informant were simple in nature. Counsel for the informant submits that Injury No.6 was found to be grievous.

Counsel for the petitioner has enclosed Injury Report of the informant as Annexure-3 from which it appears that Injury No.6 is complain of pain over left shoulder. Counsel for the petitioner submits that there is land dispute between the parties. Informant and co-accused, Binod Das, are brother and this petitioner is brother-in-law of Binod Das.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Judicial Magistrate, 1st Class, Jhanjharpur, Madhubani, in connection with Laukaha P.S. Case No.192 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T