Pintu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55009 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Pintu Das Son of Shivratan Das Resident of Village - Nawanagar, P. S.- Sahebganj, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar,Advocate For the State :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sahebganj P.S. Case No. 178 of 2019 instituted for the offence under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. It is submitted that on account of a Government Tap being broken the parties ( informant and accused persons) who were at loggerheads as to who is responsible for the same,the fardbeyan was given on 26.04.2019 in respect of the occurrence of 23.04.2019. The First Information Report has finally been lodged on 28.04.2019 as an afterthought as prior to the same, the petitioner's side had already lodged complaint case relating to the same occurrence. The complaint case is numbered as 637 of 2019 (Annexure-2) to bail application.

Patna High Court CR. MISC. No.55009 of 2019(3) dt.01-10-2019 2/3 The informant, who is uncle of the petitioner, has sustained simple injury in the scuffle, which are supported by the injury report, which is annexed as Annexure-3 series to the bail application.

The petitioner has clean antecedents and he is in custody in connection with this case since 19.06.2019. Learned APP for the State opposed the prayer for bail. He submits that injuries sustained by the informant supports the allegation.

Having considered the rival submissions of the parties, prayer for 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 A.C.J.M. 1st cum Sub-Judge 1st West Muzaffarpur, in connection with Sahebganj P.S. Case No. 178 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on

Patna High Court CR. MISC. No.55009 of 2019(3) dt.01-10-2019 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T