Laltun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79085 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- ROSERA District- Samastipur ====================================================== LALTUN DAS, aged about 39 years, Gender-Male, son of Late Meghu Das, Resident of Village - Bhirha, P.S.- Rosera, Distt.- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Gaurav Kumar, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Rosera P.S. Case No. 94 of 2019, registered for the offence under Sections 147, 148, 341, 323, 307, 354, 504 and 506 of the Indian Penal Code. There was a land dispute between the parties. Allegation has been made that on 03.04.2019 at about 4:00 P.M. the accused persons were constructing a wall on the dispute land. When the father-in-law of the informant objected, the accused persons started assaulting him by lathi and danda. As a result of which, the father-in-law of the informant received head injury.

Patna High Court CR. MISC. No.79085 of 2019(2) dt.11-12-2019 2/2 Learned counsel for the petitioner submits that the alleged incident has taken place on 03.04.2019, but the F.I.R. has been lodged after a delay of three days that too without any explanation.

Looking to the entire facts and circumstances of the case, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., 1st, Rosera at Samastipur, in connection with Rosera P.S. Case no.94 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T