Dhananjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32163 of 2020 Arising Out of PS. Case No.-192 Year-2017 Thana- GURUA District- Gaya ====================================================== DHANANJAY DAS Son of Chalitar Das Resident of Village - Jai Bigha, P.S. - Gurua and District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Adv Mr. Manish Kumar No. 2, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 31.03.2018 in connection with Gurua P.S. Case No. 192 of 2017 for the alleged offences under Sections 147, 148, 149, 341, 323, 427, 435, 385, 387, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

3. It is submitted that the petitioner has been falsely implicated in connection with demand of levy by 25-30 naxalites and burning of several machines of a construction company. It is submitted that the petitioner has been implicated merely on suspicion as his name is said to have been spoken among the accused persons. No recovery of any incriminating articles has been made from the petitioner nor any test identification parade conducted to identify the petitioner. Similarly situated Ashish Jee

Patna High Court CR. MISC. No.32163 of 2020(3) dt.11-01-2021 2/2 and Sunil Jee @ Sunil Kumar @ Sunil Yadav @ Lalu @ Sunil Kumar Yadav have been granted bail by this Court in Cr. Misc. No. 77069 of 2018 and Cr. Misc. No. 47140 of 2019 respectively. The petitioner has already suffered more than two years in custody.

4. Learned APP appears and opposes the bail petition, submitting that the petitioner is accused in as many as seven prior cases, most of which are of similar nature.

5. Be that as it may, let the petitioner above named be released on bail on completing three years in custody,on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Gurua P.S. Case No. 192 of 2017, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Chandran/- U T