Pappu Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38709 of 2018 Arising Out of PS.Case No. -475 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Pappu Das, S/o Sri Sitaram Das,

2. Abhay Kr. Das @ Abhay Das S/o Late Shakuni Das,

3. Tilo Devi W/o Late Shakuni Das,

4. Pinki Devi W/o Abhay Kr. Das @ Abhay Das, All R/o Vill.- Chakaspiya, P.S.- Rajoun, District - Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Rajoun P.S.Case No.475 of 2017 , registered for offences punishable under Sections 341, 323, 308, 504/34 of the Indian Penal Code.

Petitioners are not named in the FIR and there is allegation that they have assaulted the informant by lathi-danda and Garasa. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed and the injuries were found to be simple in nature.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.38709 of 2018 (2) dt.04-07-2018 2/2 circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Rajoun P.S.Case no.475 of 2017 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U