Ramesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17808 of 2021 Arising Out of PS. Case No.-7 Year-2014 Thana- SALIMPUR District- Patna ====================================================== 1.

Ramesh Das Son of Late Baleshwar Das Resident of Village- Kaswa, P.S.- Salimpur, District- Patna.

2.

Radhey Das Son of Late Baleshwar Das Resident of Village- Kaswa, P.S.- Salimpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Babu Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2021 Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Salimpur P.S. Case no. 7 of 2014 (G.R. no. 35 of 2014) registered under sections 302, 34 and 379 of the Indian Penal Code.

As per allegation in the F.I.R., the accused persons including the two petitioners variously armed are stated to have assaulted the brother of the informant who died on the spot. It is submitted by learned counsel for the petitioners that the case of the petitioners stand on a similar footing to that of co-accused Nagina Das and Dinesh Das who

Patna High Court CR. MISC. No.17808 of 2021(2) dt.19-03-2021 2/3 have been enlarged on bail vide order dated 17.9.2015 passed in Cr.Misc. no.42930 of 2015 as also to that of Sakal Das and Bankey Ravidas who have been enlarged on bail vide order dated 15.4.2015 passed in Cr.Misc. no.3242 of 2015. The petitioner is in custody since 14.7.2020 and undertakes to abide by the conditions laid by this Court for his release on bail. He has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the petitioners being in custody since 14.7.2020 and grant of bail to co-accused, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Salimpur P.S. Case no. 7 of 2014 (G.R. no. 35 of 2014) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Barh (Patna).

In view of the fact that the case is of the year 2014, it is directed that the petitioners shall remain physically present on each date of the trial and in case the learned Court below is of the opinion that the trial is being delayed because of the

Patna High Court CR. MISC. No.17808 of 2021(2) dt.19-03-2021 3/3 petitioners, learned trial Court may proceed to cancel the bail bond of the petitioners and take them in custody till conclusion of the trial.

(Partha Sarthy, J) Bibhash/- U T