Rajesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5649 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -DESARI District- VAISHALI (HAJIPUR) ====================================================== Rajesh Das, Son of Chhathu Das, Resident of Village- Chainpur Nanhakar, P.S.- Desari, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Desari P.S. Case 81 of 2016 instituted for the offence under Sections 147, 148, 149, 443, 341, 342, 302, 323, 324, 325 and 307of the Indian Penal Code. It has been submitted that for the same date of occurrence Dharmendra Kumar, son of co-accused Kuldeep Das made Fardbeyan in Sadar Hospital, Hajipur, which was registered as Desri P.S. Case No. 82 of 2016, in which the prosecution party had assaulted family member of the petitioner. It has further been submitted that other co-accused persons with similar allegations have been granted bail by a coordinate Bench of this Court vide order dated 8.12.2016 passed in Cr. Misc. 46955 of 2016 and 48094 of 2016.
From the written report it appears that there is no allegation of any specific overt act against the petitioner. In the
Patna High Court Cr.Misc. No.5649 of 2017 (3) dt.10-03-2017 2/2 postmortem examination report, the doctor has found the cause of death due to head injury.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Desari P.S. Case No. 81 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T