Ram Chandra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34679 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== RAM CHANDRA DAS Son of Ravindra Das @ Ravindra Chandra Das Resident of Village- Refugy Colony, Ward No.03, Basmatia, P.S.- Narpatganj, Dist- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate. Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code. The prosecution case, in short, is that on 08-05-2019 at 16.45 hours that since the year 2000, the petitioner Ramchandra Das was putting pressure to the informant to withdraw the case lodged against him and others and, the elder brother of the informant namely, Pawan was doing pairvi in the case and due to this enmity, the petitioner with his associates on the eve of Holi festival entered into the house of the informant and they assaulted and committed loot in the house and for that loot also, a case was lodged. The petitioner is alleged to have given

Patna High Court CR. MISC. No.34679 of 2020(2) dt.19-01-2021 2/3 threatening to withdraw the case. It is further alleged that on 0805-2019, at about 8.00 A.M. while the father and brother of the informant reached at the culvert situated 200 metres towards Western side of his house, the petitioner along with other accused persons are alleged to have assaulted the father and brother of the informant by means of deadly weapons including the fire-arms and due to that, they sustained injury and died. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 27-06-2020. Charge sheet in this case has already been submitted. The petitioner has been falsely implicated in the present case. Altogether 66 persons are named in the FIR.

General and omnibus allegation has been made against the accused persons including the petitioner. One witness, namely Raghunath Das was examined in paragraphs- 30 & 180 of the case diary. The said witness in paragraph-30 did not make any specific allegation against this petitioner but subsequently, in paragraph180 of the case diary, he tried to develop the case and made allegation against the petitioner for assaulting the deceased. The other co-accused with similar allegation have been granted bail vide Annexure -2 series to the present application.

Patna High Court CR. MISC. No.34679 of 2020(2) dt.19-01-2021 3/3 On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 281 of 2019.

(Sudhir Singh, J) A.K.V.//- U T