Dilip Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69855 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- BHARGAMA District- Araria ====================================================== DILIP DAS S/o Late Fulender Das R/o village- Kushmoul, Ward No. 04, P.S.- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2019 A supplementary affidavit has been filed on behalf of the petitioner, taken on record.

Heard learned counsel for the parties.

This application for regular bail arises out of Bhargama P.S. Case No. 24/2019, disclosing the offence under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The petitioner is in custody since 22.05.2019. Five persons named in the FIR including a female are alleged to have entered into the informant's house and started abusing him. It is alleged against the petitioner that he assaulted the informant in his head with an iron rod. There is allegation that the persons named in the FIR

Patna High Court CR. MISC. No.69855 of 2019(2) dt.18-12-2019 2/3 assaulted the wife of the informant also when she came to his rescue. Allegedly they snatched some valuables also. Learned counsel appearing on behalf of the petitioner has submitted that whereas there is allegation of assault made by iron rod, the injury has been found to have been caused by sharp cutting weapon. He contends that for the same occurrence, case and counter case have been registered.

Learned counsel appearing on behalf of the informant on the other hand has submitted that since the injury has been found to be grievous in nature the petitioner does not deserve the regular bail.

Be that as it may, considering the submission on behalf of the parties that the parties are on litigating terms and cases have been instituted prior to the present case also, this application 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 C.J.M., Araria in Bhargama P.S. Case No. 24/2019.

This is subject to the condition that the petitioner

Patna High Court CR. MISC. No.69855 of 2019(2) dt.18-12-2019 3/3 shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear the court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prakash Narayan /- U T