Subhash Das @ Subash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17051 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.

Subhash Das @ Subash Das Son Of Roshan Das Resident Of Village - Jamuniya, P.S.- Pipra, Distt.- East Champaran. 2.

Vicky Kumar Son Of Subhash Das Resident Of Village - Jamuniya, P.S.- Pipra, Distt.- East Champaran.

3.

Rajdev Das Son Of Mukha Das Resident Of Village - Jamuniya, P.S.- Pipra, Distt.- East Champaran.

4.

Crime Kumar @ Bikram Kumar @ Cimchandra Das Son Of Suresh Das Resident Of Village - Jamuniya, P.S.- Pipra, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120(B), 34 of the Indian Penal Code.

As per allegation, due to land dispute, all the FIR

Patna High Court CR. MISC. No.17051 of 2022(3) dt.26-09-2022 2/3 named accused persons including the petitioner with criminal conspiracy to each other, have committed murder of son of the informant after assaulting and throttling him. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is no eye witness of the alleged occurrence. He submits that there is no specific allegation against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 court below where the case is pending/successor court in connection with Pipra Kothi P.S.

Patna High Court CR. MISC. No.17051 of 2022(3) dt.26-09-2022 3/3 Case No. 219 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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