Sikandar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26206 of 2023 Arising Out of PS. Case No.-462 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== 1.

SIKANDAR DAS SON OF DUKHAN RAVIDAS RESIDENT OF NAGAR BODH GAYA, PS BODH GAYA ,DISTRICT GAYA 2.

BALINDRA RAVIDAS @ BIRENDRA DAS SON OF DUKHAN RAVIDAS RESIDENT OF NAGAR BODH GAYA, PS BODH GAYA ,DISTRICT GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Adv., Ms. Kumari Shalini, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-07-2023 Heard Mr. Vishal Vikram Rana and Ms. Kumari Shalini, learned counsels appearing on behalf of the petitioners and Mr. Binod Kumar learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Bodh-Gaya P.S. Case No. 462 of 2022, dated 03.08.2022, registered under Sections 341, 323, 447, 308, 354, 379, 504, 506 and 34 of the Indian Penal Code and Section 4 of the Witchcraft Act.

3. The prosecution case, in brief, is that the accused persons named in the F.I.R. with common intention mercilessly beaten the informant and her family members to kill them.

4. Learned counsel appearing on behalf of the petitioners submits that the general and omnibus allegations

Patna High Court CR. MISC. No.26206 of 2023(2) dt.07-07-2023 2/2 have been levelled against the petitioners and no iota of evidence against them have been found that they have assaulted the informant and her family members.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the facts and circumstances of the case and the nature of allegation, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Gaya in connection with Bodh-Gaya P.S. Case No. 462 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U