Ram Bilash Das @ Bilash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27428 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- AMARPUR District- Banka ====================================================== RAM BILASH DAS @ BILASH DAS SON OF LATE AGHAN DAS R/O VILLAGE- MAINMA, P.S.- AMARPUR, DISTRICT- BANKA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-11-2021 Heard Sri Madan Mohan, learned counsel for the petitioner and Sri Ajeet Kumar, learned A.P.P. for the State. The petitioner seeks bail in connection with Amarpur P.S. Case No. 214 of 2020, registered under Section 120(B), 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that at about 7.00 P.M. three persons, namely, Vipin Das, Kalu Das and Sujesh Kumar accompanied the husband of the informant and when husband of the informant did not return back, a search was made. Upon search, she came to know that her husband has been killed. It has further been alleged that she went to the place of occurrence and saw the dead body of her husband, who was brutally killed by the accused persons. She has

Patna High Court CR. MISC. No.27428 of 2021(3) dt.23-11-2021 2/3 disclosed the name of petitioner along with other co-accused, subsequently, in the F.I.R.

Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case due to dirty village politics and also due to reason that he is father of one of the co-accused, namely, Vipin Das against whom the allegation of taking away the husband of the informant has been made. He further submits that similarly situated co-accused Vidio Das and Jitendra Das have been released on bail vide order dated 27.11.2020 passed in Criminal Miscellaneous No. 30142 of 2020 and the petitioner seeks same parity to be released on bail. He further submits that petitioner has no criminal antecedent and is languishing in custody since 17.12.2020.

Learned A.P.P. for the State, however, opposes the prayer for grant of bail.

Considering the aforesaid facts and circumstances of the case and the fact that similarly situated co-accused have already been granted privilege of bail and also considering the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.27428 of 2021(3) dt.23-11-2021 3/3 satisfaction of the learned A.D.J-III, Banka in connection with Amarpur P.S. Case No. 219 of 2020 subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) manish/- U T