Gunjan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23277 of 2019 Arising Out of PS. Case No.-649 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== GUNJAN DAS Son of Rambriksh Das Resident of Village - Jamari, P.S.- Cherki, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 325, 354/34 IPC registered in connection with Bodh Gaya (Cherki) P.S. Case No. 649 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the specific accusation of Section 354 IPC is against co-accused Mithun Das and Gandhi Das. There is considerable delay of three and half months in institution of the FIR on 10.11.2018 for the occurrence of 22.07.2018. The accusation of assault is general and omnibus in nature. The petitioners claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Gaya in connection with Bodh Gaya (Cherki) P.S. Case No. 649 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner.

Patna High Court CR. MISC. No.23277 of 2019(2) dt.12-04-2019 2/2 ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T