Prakash Das @ Omprakash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34598 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== PRAKASH DAS @ OMPRAKASH DAS Son of Moti Das, Resident of Village - Das Toli Kulharwa Ward No.1, P.S.- Town, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 333, 353, 224 and 225 of the Indian Penal Code.

The prosecution case is that the police had apprehended one Shila Das in inebriated condition. Allegedly nearly 25-30 persons, 18 of whom are named in the FIR, including these petitioners attacked the police party with an attempt to take the said Shila Das away from the clutches of the police.

The contention of the petitioner is that there is general

Patna High Court CR. MISC. No.34598 of 2019(2) dt.28-05-2019 2/2 and omnibus allegation against all the accused persons and two similarly situated co-accused have been granted pre-arrest bail by this Court in Cr.Misc.No.29033 of 2019 vide order dated 02.05.2019. Petitioner has got no criminal antecedent. Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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, East Champaran/successor Court in connection with East Champaran Sadar Town P.S. Case No. 29 of 2019 (mentioned in the impugned order as the Town P.S. Case No.

29 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner. (Prabhat Kumar Singh, J) B.Kr.