Patna High CourtCR. MISC./15605/2024bail granted

Shiv Shankar Das v. The State Of Bihar

2024-03-12Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15605 of 2024 Arising Out of PS. Case No.-19 Year-2017 Thana- ANTI District- Gaya ====================================================== Shiv Shankar Das son of Late Doman Das Village- Khawaspur Ps- Aanti DistGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Aanti P.S Case No. 19 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 427, 307, 302, 504, 506 of the I.P.C

3. As per prosecution case, allegation against the petitioner and co-accused to has assaulted informant and her family due to this one Kuldeep Das died during the course of treatment.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It

Patna High Court CR. MISC. No.15605 of 2024(2) dt.12-03-2024 2/3 is further submitted that some of the co-accused already granted bail by the Co-ordinate Bench of this Court. It is next submitted that allegation against the petitioner is not specific whereas it is general and omnibus. It is also submitted that petitioner is in judicial custody since 31.05.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya in connection with Aanti P.S Case No. 19 of 2017.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within

Patna High Court CR. MISC. No.15605 of 2024(2) dt.12-03-2024 3/3 a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T