Bishwanath Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56769 of 2015 Arising Out of PS.Case No. -147 Year- 2015 Thana -RAGHOPUR District- SUPAUL ======================================================
1. Bishwanath Das S/o Late Nathuni Das, Resident of Village- Haripur, P.S.- Raghopur, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-12-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.
The prosecution case is that in the background of dispute with regard to passage the accused person assaulted with farsha on the head of the informant. When the informant fell down on the ground, then the petitioner with intention to kill him pressed his neck, then the children of the informant raised alarm, this petitioner ordered to kill them.
It is submitted by the learned counsel for the petitioner that accusation of pressing neck of the informant is
Patna High Court Cr.Misc. No.56769 of 2015 (2) dt.15-12-2015 against petitioner, but no injury has been found on the neck. There is counter version of the occurrence. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Supaul in connection with Raghopur P.S. Case No. 147 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T