Patna High CourtCR. MISC./62373/2019bail granted

Anil Das v. The State Of Bihar

2019-10-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62373 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- SINDHWARA District- Darbhanga ====================================================== ANIL DAS Son of Sitaram Das @ Sitaram Chaupal Resident of VillageBrahmpura, P.S.- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 10.7.2019 in a case registered for the offences punishable under Sections 147,149,341,323,324,307,379,504 and 506 of the I.P.C. The prosecution case is that on 30.6.2019 at 3.30 P.M. the informant was fencing his land, in the meantime, all the accused persons came, made protest and started abusing the informant. It is further alleged that co-accused Sonu Das assaulted the informant with iron rod causing two injuries. When the cousin of the informant, namely, Dinesh Das came to rescue, coaccused Rajendra Das and Ranjeet Das assaulted him with sword.

It is submitted by learned counsel for the petitioner that the petitioner is agnate of the informant and there is title suit

Patna High Court CR. MISC. No.62373 of 2019(2) dt.22-10-2019 2/2 pending between the parties. It is further submitted that there is counter version of the occurrence being Singhwara P.S. Case No. 101 of 2019. Statement has been made in paragraph 10 of the petition that the injury of the informant has been found to be simple in nature.

Learned APP submits that there is specific accusation of assault against the petitioner.

Considering the fact that the accusation has been levelled in the background of land dispute, statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, there is counter version of the occurrence and the period in custody, 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 learned ACJM III, Darbhanga in connection with Singhwara P.S. Case No.102 of 2019.

(Dinesh Kumar Singh, J) anil/- U