Shayamdeo Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20027 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

SHAYAMDEO DAS Son of Late Surajdeo Das, Resident of Village - Nima Chaturbhuj, P.S. - Rafiganj, District - Aurangabad (Bihar). 2.

Janak Ravidas Son of Surajdeo Ravidas, Resident of Village - Nima Chaturbhuj, P.S. - Rafiganj, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Leelawati Kumari For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-06-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners are seeking regular bail in connection with Rafiganj P.S. Case No. 47/2022 registered for offence punishable under sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code.

As per allegation, petitioner no. 1 started uprooting bamboo from the door of the informant. On protest, petitioner no. 1 and co-accused Raju Das assaulted him with stick on his

Patna High Court CR. MISC. No.20027 of 2022(2) dt.02-06-2022 2/3 head. When the father of the informant came there, co-accused Manoj Das assaulted him on his head. There is also allegation against petitioner no. 2 that he assaulted the father of the informant on his head.

The learned counsel for the petitioners has submitted that there is case and counter case and the petitioners' side have sustained grievous injuries. She has also submitted that the petitioners are under custody since 09.02.2021. Considering the above-mentioned facts and circumstances as well as the period of custody, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Rafiganj P.S. Case No.47/2022, subject to the following conditions:- (I) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the

Patna High Court CR. MISC. No.20027 of 2022(2) dt.02-06-2022 3/3 petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T