Anil Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4040 of 2017 Arising Out of PS.Case No. -669 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Anil Das, Son of Shibu Das,

2. Raju Das, Son of Shibu Das,

3. Kundan Das, Son of Bodhi Das, All residents of Mohalla - Bengha, Ward No. 4, P.S. & District- Saharsa.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor.

The petitioners pray for regular bail for the offence under Sections 323, 341, 147, 148, 149, 307, 379/34 of Indian Penal Code.

It is submitted on behalf of petitioners that petitioner nos. 2 and 3 are not named in the F.I.R. There is no specific allegation against the petitioners. Petitioner nos. 1 and 3 are under custody since 22.11.2016 whereas petitioner no. 2 is under custody since 19.11.2016. Charge has already been framed and there is no chance of tampering with prosecution evidence in this case. Co-accused Bodhi Das has already been allowed bail vide order dated 02.12.2015 passed in Cr. Misc. no. 38807 of 2015. No offence under Sections 302 or 307 of

Patna High Court Cr.Misc. No.4040 of 2017 (2) dt.06-03-2017 2/2 Indian Penal Code is made out.

Learned A.P.P. fairly submits that three co-accused have already been allowed bail.

In the facts and circumstance stated above, considering that charge has already been framed and there is no chance of tampering with prosecution evidence, petitioners have got no criminal antecedents and as such, the petitioners abovenamed are directed to be released on bail on execution of bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar PS case no. 669 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioners will remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from the privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U T