Binod Das @ Binod Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42377 of 2021 Arising Out of PS. Case No.-310 Year-2019 Thana- PIPRA District- East Champaran ====================================================== BINOD DAS @ BINOD KUMAR GUPTA Son of Satya Narayan Das @ Satya Narayan Sah Resident of Village - Banjariya, P.S.- Pipra, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha For the Opposite Party/s :

Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pipra P.S. Case no. 310 of 2019 instituted for the offence under Section 302 of the Indian Penal Code.

As per written report of informant chowkidar 2/9 Jamuna Ram, prosecution story in brief is that he received information that one unknown person is being beaten by people near Budhi river. On that information the informant reached and saw a lot of people gathered and assaulted an unknown person knowing child thief and after some times he died. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. FIR has been registered against unknown. The name of

Patna High Court CR. MISC. No.42377 of 2021(3) dt.13-04-2022 2/2 the petitioner has been added in this case mere on suspicion as in a video clip, he was seen at the time and place of occurrence. He was simple a member of the mob. No specific overtact has been alleged against the petitioner. There is no consistent evidence in support of complicity of this petitioner. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pipra P.S. Case no. 310 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U