Surendra Lal Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10027 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Surendra Lal Das, son of Shiv Narayan Lal Das

2. Gaurav Kumar, son of Surendra Lal Das

3. Roshan Kumar, son of Shri Surendra Lal Das

4. Illu @ Ilu Kumar @ Illu Lala, son of Bimal Lal Das, all are resident of village- Madhura South, Police Station- Narpatganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 28-03-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Narpatganj P.S. Case No.369 of 2016 instituted for the offence under Section(s) 143, 341, 323, 302 Indian Penal Code. It is alleged in the written report that son of the informant was assaulted on 24.10.2016 at 8.00 am in presence of grand-sons and son-in-law. Thereafter, he was brought to hospital where he was declared dead. He had named Tuntun Das and seven others including this petitioner as accused in this case. Case diary has been received. Statement of son-inlaw of the informant has been recorded in para 11 of the case diary, wherein, he has merely stated that altercation had taken

Patna High Court Cr.Misc. No.10027 of 2017 (3) dt.28-03-2017 2/2 place with shopkeeper, Tuntun Lal Das. Son of the informant was brought to hospital, where he was declared dead. He has not levelled any allegation against these petitioners. Post Mortem Report has been annexed as Annexure2, wherein, the doctor has not found any external injury except one linear abrasion over left cheek, one over right cheek and over both palm. Various visceras have been preserved and no definite opinion was given regarding cause of death.

It is mentioned in para 3 that petitioners have got no criminal antecedents.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with in Narpatganj P.S. Case No.369 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Sanjay Priya, J) JA/- U T