Bishnu Kumar Das @ Vishnu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24575 of 2021 Arising Out of PS. Case No.-73 Year-2020 Thana- SARAI RANJAN District- Samastipur ====================================================== BISHNU KUMAR DAS @ VISHNU DAS S/O ASARPHI DAS R/o villageNarghoghi, P.S.- Sarairanjan, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Choudhary Shyam Nandan For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Sarairanjan P.S. Case No.73 of 2020 registered for the offence punishable under Sections 341, 323, 324, 307, 354, 294,420 of the Indian Penal Code and section 66(E)/67 of IT Act.

The prosecution case in short is that while the informant was sitting at his door, several accused persons variously armed came there with abusing and started assaulting him and his

Patna High Court CR. MISC. No.24575 of 2021(2) dt.22-07-2021 2/3 family and made them senseless by inflicting injuries on head. When villagers rushed there, the accused fled away after threatening to ablaze their house. It is further alleged that son of one accused Asharfi Das had run his phone no. with pasting his daughter's obscene photograph and fake I.D.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case to save the original crime committed by the informant side. There is admitted land dispute and also case and counter-case between the parties for the same occurrence. The present case is the counter blast of earlier case filed by the petitioner's side i.e. Sarairanjan P.S. Case No.72 of 2020 dated 16.05.2020 against the informant's side and in that case, cognizance has been taken against them, as such, they filed the present case. Both sides have sustained injuries but it is clear from the injury report that all injuries sustained by the prosecution side are simple in nature. No incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 11.12.2020.

Patna High Court CR. MISC. No.24575 of 2021(2) dt.22-07-2021 3/3 Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIII, Samastipur, in connection with Sarairanjan P.S. Case No.73 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T