Ram Chandra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15360 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Ram Chandra Das Son of Late Jay Prasad Das Resident of VillageDihsarsduna, P.S.- N.H. Bangra, District- Samastipur (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rama Kant Singh, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bangra P.S. Case No. 109 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 325, 354, 427, 333, 307, 353, 114, 118, 504 of the Indian Penal Code.
3. The prosecution case, in short, is that 22 named accused persons including the petitioner along with 50-60 unknown created hindrance in discharging the duties of police personnel. In the alleged incident, the accused persons also damaged the JCB machine which was brought to remove the encroachment.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15360 of 2024(3) dt.03-04-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to village politics. He further submits that there is no direct or specific allegation against the petitioner rather the same is general and omnibus in nature. He further submits that the local Chaukidar has taken the name of the petitioner due to local politics and is aged about 70 years old. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 06.11.2023.
5. Learned counsel for the petitioner further submits that the co-accused Ashok Kumar and Uma Das have been granted bail by this Court vide orders dated 04.03.2024 and 06.03.2024 passed in Cr. Misc. Nos. 803 of 2024 and 13648 of 2024 respectively.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent coupled with the fact that the claim for bail being based on parity, let the
Patna High Court CR. MISC. No.15360 of 2024(3) dt.03-04-2024 3/3 petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bangra P.S. Case No. 109 of 2023. (Rudra Prakash Mishra, J) rishi/- U T