Yogesh Chandra Das @ Yogesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18719 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Yogesh Chandra Das @ Yogesh Das Son of Jagbandhu Das Resident of Village - Bela Refugee Colony, P.S.- Basmatiya (Narpatganj), District - Araria.

2.

Jeevan Das @ Jeevan Kumar Das Son of Yogesh Chandra Das Resident of Village - Bela Refugee Colony, P.S.- Basmatiya (Narpatganj), District - Araria.

3.

Tapan Das @ Tapan Kumar Das Son of Yogesh Chandra Das Resident of Village - Bela Refugee Colony, P.S.- Basmatiya (Narpatganj), District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Narpatganj (Basmatiya) P.S. Case No. 281 of 2019, registered for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code. As per prosecution case, on 08.05.2019 at 8.00 am, while the father and brother of informant were coming on

Patna High Court CR. MISC. No.18719 of 2020(2) dt.03-06-2020 2/3 motorcycle and when they reached at the culvert, all the 66 named persons including this petitioner assaulted the father and brother of informant by means of deadly weapons including firearm, as a result of which, they sustained injury and died. It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. There is general and omnibus allegation against these petitioners and no specific overt act has been attributed against these petitioners. Chargesheet has already been submitted. Petitioners are in custody since 05.02.2020 having clean antecedent. Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs.

10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya) P.S. Case No.

Patna High Court CR. MISC. No.18719 of 2020(2) dt.03-06-2020 3/3 cancelled by the court below.

(ii) If the petitioners tamper 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 petitioners. (Prabhat Kumar Singh, J) vinita/- U T