Binod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3401 of 2023 Arising Out of PS. Case No.-609 Year-2018 Thana- BANKA District- Banka ====================================================== 1.

BINOD DAS Son of Hari Das Resident of village - Mohkara, P.S.- Banka, District - Banka 2.

Hari Das Son of Late Rohan Das Resident of village - Mohkara, P.S.- Banka, District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 379/34 of the Indian Penal Code.

Allegedly, after some altercation, the petitioners are said to have assaulted the informant and his sister Sumia Devi with deadly weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to dirty politics. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.3401 of 2023(2) dt.04-05-2023 2/2 general and omnibus in nature. The injuries sustained by the victims are simple in nature. It is further submitted that the FIR was lodged under Section 341, 323, 324, 307, 504, 379/34 of the IPC against the petitioners but after investigation, charge sheet was submitted by the police under Section 341, 323, 308, 504/34 of the IPC against them. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, as the injuries sustained by victims are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Banka P.S. Case No. 609 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.