Shyam Sundar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39870 of 2017 Arising Out of PS. Case No. -172 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Shyam Sundar Das Son of Jagdish Das Resident of Village-Gobindpur P.S. Jagdishpur District-Bhagalpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party: Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 18.07.2016 in connection with S. T. No. 707 of 2016 arising out of Jagdishpur P.S. Case No. 172 of 2016 (G.R. No. 2215 of 2016) for the offences alleged under Sections 341, 323, 324, 307, 302 and 504/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and in any event the accusations of assault are general and omnibus in nature without specifying how various accused persons were armed and what assault each of them made. Similarly situated co-accused Sourabh Das has been granted bail by this Court in Cr. Misc. No. 33092 of 2017 vide order dated 20.07.2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 6th Additional District & Sessions Judge, Bhagalpur in connection with S. T. No. 707 of 2016 arising out of

Patna High Court Cr.Misc. No.39870 of 2017 (3) dt.17-10-2017 2/2 Jagdishpur P.S. Case No. 172 of 2016 (G.R. No. 2215 of 2016) on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T