Dhananjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35665 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Dhananjay Das Son of Narendra Das Resident of village- Refugy Colony, Ward No 03, Basmatia, P.S.- Narpatganj, District- Araria. 2.

Tapesh Das @ Tapes Das @ Tapas Das aon of Dhananjay Das Resident of village- Refugy Colony, Ward No 03, Basmatia, P.S.- Narpatganj, DistrictAraria. 3.

Birendra Das @ Birendra Chandra Das Son of Jitendra Das Resident of village- Refugy Colony, Ward No 03, Basmatia, P.S.- Narpatganj, DistrictAraria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Anil Kumar A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners seek bail in a case registered for the offence punishable under sections 302/120B/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.35665 of 2020(2) dt.23-12-2020 2/3 All the 66 persons named in the FIR are alleged to have killed father of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of assault against the petitioners. Several similarly situated co-accused have already been allowed bail by different co-ordinate benches of this Court detailed in the bail petition. They are in custody since 27.6.2020.

In the facts of the case, prayer for bail of the petitioners is allowed. Let the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Narpatganj Basmatiya Police Station Case No. 281/2019, on the 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 bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the

Patna High Court CR. MISC. No.35665 of 2020(2) dt.23-12-2020 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T