Girja Das @ Girajalal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25364 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- PUNPUN District- Patna ====================================================== 1.

GIRJA DAS @ GIRAJALAL DAS Son of Late Ramdeo Das R/o Village - Badki Paimarghat, P.S.- Punpun, District - Patna. 2.

Jitendra Das @ Jitendra Kumar Son of Ramchandra Das R/o Village - Badki Paimarghat, P.S.- Punpun, District - Patna.

3.

Upendra Das @ Upendra Kumar Son of Ramchandra Das R/o Village - Badki Paimarghat, P.S.- Punpun, District - Patna. 4.

Nagendra Das Son of Ramchandra Das R/o Village - Badki Paimarghat, P.S.- Punpun, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-04-2025 Heard Mr. Jay Ram Prasad, learned counsel for the petitioners and Mr. Surendra Prasad Singh, learned APP for the State.

2. The petitioners are apprehending their arrest in connection with Punpun P.S. Case No. 17 of 2025, F.I.R. dated 15.01.2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 352, 351, 109(1), 303(2) & 3(5) of the B.N.S., 2023.

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3. Allegation against the petitioners is that they along with other co-accused persons have assaulted the informant and his family members with iron rod due to which they sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. He further submits that there is case and counter case between the parties and the petitioners are named in the F.I.R. but from perusal of the F.I.R. it transpired that there is no specific allegation of any assault or overt act attributed against these petitioners rather there is general and omnibus allegation against all the accused persons including the petitioners.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and the fact that the petitioners having clean antecedents and there is no specific allegation of any assault or overt act attributed against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court

3/4 below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Masaurhi, Patna in connection with Punpun P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U