Dilip Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17734 of 2016 Arising Out of PS.Case No. -188 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Dilip Das, son of Nageshwar Das, resident of Village- Chanantarh, P.S. Sono, District- Jamui.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Laxmipur P.S. Case No. 188/15 for offences alleged under Sections 323, 341, 307/34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that on 01.10.2015 at about 12.15 P.M. while the informant was sitting at his door of the house, the petitioner along with others came armed with lathi, danda and Bhujali and assaulted the informant. The reason behind the said occurrence is land dispute. It has been submitted by the learned counsel for the petitioner that the petitioner is the son-in-law of the accused Vijay Ravidas, who is full brother of the informant. He further
Patna High Court Cr.Misc. No.17734 of 2016 (2) dt.04-05-2016 2/2 submits that the allegations are general and omnibus, petitioner has clean antecedent and that there is no specific allegation against this petitioner and the matter arises out of civil dispute. He further submits that no case under Section 307 I.P.C. is not made out against this petitioner.
However, learned APP for the State submits that petitioner is named in the First Information Report, and, hence, opposes the prayer for bail.
Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 learned Judicial Magistrate 1st Class, Jamui, in connection with Laxmipur P.S. Case No. 188/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T