Bipin Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26786 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- AMARPUR District- Banka ====================================================== BIPIN DAS S/o Ram Bilash 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, Adv.

Mrs. Pallavi Pandey, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the three named accused persons namely Bipin Das, Kalu Das and Sujesh Kumar called and took away the husband of the informant and thereafter he was not to be found. Subsequently, he was found dead. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case on the basis of an unfounded suspicion which has not been substantiated in course of investigation. The petitioner is one of the three named co-accused and at best, the case against the

Patna High Court CR. MISC. No.26786 of 2021(3) dt.28-03-2022 2/2 petitioner is of last seen. The case of the petitioner stands on a similar footing to that of Sujesh Kumar and Kalu Das who have been enlarged on bail vide order dated 24.11.2021 passed in Cr. Misc. no.63975 of 2021 and order dated 26.11.2021 passed in Cr. Misc. no.32414 of 2021. The petitioner is in custody since 17.12.2020 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the grant of bail to the above named two co-accused together with the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Amarpur P.S. Case no.214 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District Judge III, Banka.

(Partha Sarthy, J) Saurabh/- U T