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Patna High CourtCR. MISC./149/2021bail granted

Subodh Das v. The State Of Bihar

2021-08-17Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.149 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- RAJAON District- Banka ====================================================== 1.

Subodh Das, Son of Late Wakil Das, Resident of Village-Kharoni,P.SNawada Bazar, District-Banka 2.

Rohit Das, Son of Jamun Das, Resident of Village-Kharoni,P.S-Nawada Bazar, District-Banka 3.

Jamun Das, Son of Late Okil Das, Resident of Village-Kharoni,P.S-Nawada Bazar, District-Banka 4.

Mintu Das, Son of Gunsagar Das, Resident of Village-Kharoni,P.S-Nawada Bazar, District-Banka 5.

Niraj Kumar @ Niraj Kimar, Son of Vinod Das, Resident of VillageKharoni,P.S-Nawada Bazar, District-Banka 6.

Basuki Kumar, Son of Late Ganga Das, Resident of Village-Kharoni,P.SNawada Bazar, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State through Video Conferencing. The petitioners apprehend their arrest in connection with Nawada Bazar (Rajoun) P.S. Case No. 186 of 2020,

Patna High Court CR. MISC. No.149 of 2021(2) dt.17-08-2021 2/3 registered under Sections 147, 149, 341, 323, 308, 337, 436, 504 and 506 of the Indian Penal Code.

The accusation is that in the late morning of 03.06.2020, eight persons named in the FIR including the petitioners having variously armed with weapons came at the door of the informant, Rajendra Das and started to cause assault through lathi, danda and pelting stones to the house of the informant. At that time, Putul Das put fire on the Fush hut and also giving threatening of dire consequences. Learned counsel for the petitioners submits that due to petty dispute occurrence of Marpit took place, in which, petitioners' side also sustained injury, regarding which, Rajoun P.S. Case No. 185 of 2020 is also instituted on 03.06.2020 on the basis of Fradebyan of co-accused, Putul Das, in which, Sulekha Devi, wife of Subodh Das (petitioner no.1) and Rubi Devi, wife of Ganja Harijan, had also sustained injury.

Further submission is that petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.149 of 2021(2) dt.17-08-2021 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Nawada Bazar (Rajoun) Dhoriya P.S. Case No. 186 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Bhardwaj/- (Rajendra Kumar Mishra, J) U T