Patna High CourtCR. MISC./28077/2016bail granted

Rakesh Das v. The State Of Bihar

2016-09-20Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.28077 of 2016 (4) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28077 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -SURSAND District- SITAMARHI ======================================================

1. Rakesh Das son of Buddhu Das resident of Village- Radhaur, P.S Sursand District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Prasad Singh For the Opposite Party/s : Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 20.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 302, 436 and other minor sections of the Indian Penal Code. Altogether, ten persons including the petitioner are named in the first information report with accusation that they assaulted the deceased with fists and slaps and also by means of Balla as a result whereof informant's sons died in course of his treatment whereas informant sustained injury.

The occurrence appears to have taken place on account of land dispute. No specific overt-act has been attributed against the petitioner rather general allegation of assault has been levelled. However, there is allegation against the petitioner of setting fire on the house of the informant but submission on behalf of the petitioner is that the aforesaid fact was found untrue by the supervising authority

Patna High Court Cr.Misc. No.28077 of 2016 (4) dt.20-09-2016 because at the time of supervision, it came to light that the prosecution party set their own house on fire.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioner is in jail custody since 10.4.2016 and investigation against him has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sursand P.S. Case no. 24/2016.

shahid (Hemant Kumar Srivastava,J) U T