Patna High CourtCR. MISC./56778/2015bail granted

Arvind Das @ Arvind Kumar And ORS v. The State Of Bihar

2016-01-19Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56778 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Arvind Das @ Arvind Kumar Son of Umesh Das

2. Shatrudhan Das Son of Tilai Das,

3. Umesh Das Son of Tilai Das,

4. Ajeet Das @ Ajeet Kumar, s/o- Umesh Das, All Residents of village- Najirpur, near Railway Crossing No.41, P.S. Ujiarpur District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-01-2016 Heard the Counsel for the petitioners and the APP for the State.

Petitioners pray for anticipatory bail in Ujiarpur P.S. Case No. 79 of 2015 registered under Sections 448, 436, 341, 323, 325, 354, 504/34 of the Indian Penal Code. It is alleged that one co-accused Tilai Das set the hut of the informant on fire and thereafter the accused persons assaulted the family members.

It has been submitted that the allegation of putting the hut on fire is not attributed to the petitioners. Parties are on inimical terms.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four

Patna High Court Cr.Misc. No.56778 of 2015 (2) dt.19-01-2016 2/2 weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Dalsingsarai, Samastipur in Ujiarpur P.S. Case No. 79 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T