Suresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13082 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- CHANDAN District- Banka ====================================================== 1.

Suresh Das Son Of Late Shravan Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 2.

Mohan Lal Das Son Of Suresh Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 3.

Ranjit Das Son Of Arjun Das R/O Village- Pailwa, P.S.- Chandan, DistrictBanka 4.

Sikandar Das Son Of Dinesh Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 5.

Balram Kumar Das @ Balram Das Son Of Suresh Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 6.

Bablu Kumar Das @ Bablu Das Son Of Srikant Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 7.

Yogendra Das Son Of Late Bhola Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 8.

Dilip Das @ Dilip Kumar Das Son Of Srikant Das R/O Village- Pailwa, P.S.- Chandan, District- Banka 9.

Ajay Kumar Das @ Ajay Das Son Of Ranjit Das R/O Village- Pailwa, P.S.- Chandan, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner seeks permission to withdraw this anticipatory bail application in respect of petitioner no. 5 namely, Balram Kumar Das @ Balram Das,

Patna High Court CR. MISC. No.13082 of 2023(2) dt.28-04-2023 2/3 Petitioner no. 6 namely, Bablu Kumar Das @ Bablu Das, petitioner no. 8 Dilip Das @ Dilip Kumar Das and petitioner no. 9, Ajay Kumar Das @ Ajay Kumar Das as they have already been arrested by the police during pendency of this application. Permission is accorded.

This anticipatory bail application is dismissed as withdrawn, so far as petitioner no. , 5, 6, 8 and 9 is concerned. Petitioners apprehend their arrest in connection with Chandan P.S. Case No. 211 of 2022 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 324, 504, 506 the Indian Penal Code.

As per the FIR, while the informant and his family members repairing his house, the petitioners came and assaulted the informant and his family members with Tangi, Knief, Sword, Khanti and iron rod causing injuries to them. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further submitted that there is no specific over act has been attributed against the petitioners and there is general and omnibus allegation levelled against the petitioners. There is a case and counter case between the parties and both the sides sustained grievous injuries. It is further submitted that there is admitted

Patna High Court CR. MISC. No.13082 of 2023(2) dt.28-04-2023 3/3 land dispute between the parties. It is further submitted that petitioners have clean antecedent as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioner nos.2, 3, 4 and 7, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Banka in Chandan P.S. Case No. 211 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T