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Patna High CourtCR. MISC./11325/2020bail granted

Niranjan Das @ Niranjan Chandra Das @ Manim Kumar Das v. The State Of Bihar

2020-02-29Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11325 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Niranjan Das @ Niranjan Chandra Das @ Manim Kumar Das, son of Santosh Das Resident of Village - Bela, Refugy Colony, Ward No. 03, P.S.- Narpatganj, District- Araria 2.

Gaurchand Das @ Gaur Chandra Das @ Gora Chandra Das @ Gora Chandar Das @ Goura Das Son of Niranjan Das @ Niranjan Chandra Das @ Manim Kumar Das Resident of Village - Bela, Refugy Colony, Ward No. 03, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioners, informant and the State.

The petitioners seek bail in connection with Narpatganj (Basmatiya) P.S. Case No. 281 of 2019 instituted for the offences under Sections 302, 120(B)/34 of the Indian Penal Code.

There are 66 persons named in the F.I.R. and all of them are stated to have killed the deceased who is father of the informant.

Patna High Court CR. MISC. No.11325 of 2020(2) dt.29-02-2020 2/3 The learned counsel for the petitioners has submitted that the main allegation is attributed to one Ram Chandra Das, a co-accused with whom the informant and the deceased had some animosity and considering this aspect of the matter, many accused persons have been granted anticipatory bail by this Court. Some of the orders passed by different Benches of this Court granting anticipatory bail to co-accused persons have been brought on record.

So far as the petitioners are concerned, learned counsel for the informant has submitted that they too, during the course of investigation have been attributed with specific act of assault.

This does not appear to be correct in as much as the informant has given a detailed F.I.R in which nothing specific has been alleged against the petitioners. In any view of the matter, considering the fact that other accused persons of this case have been granted anticipatory bail, there is no reason as to why

Patna High Court CR. MISC. No.11325 of 2020(2) dt.29-02-2020 3/3 this Court ought not to allow the prayer for regular bail to the petitioners.

The petitioners are in custody since 17.01.2020.

Considering the aforestated facts, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousands) each with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 281 of 2019.

(Ashutosh Kumar, J) Shageer/- U T