Patna High CourtCR. MISC./53182/2017bail granted

Ramotar Das And ANR v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53182 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Ramotar Das, aged 60 years, S/o Sri Babulal Das, resident of Village Garhi Rampur, P.S.- Naya Ram Nagar, District- Munger.

2. Arjun Das, aged 35 years, S/o Sri Ramotar Das, resident of Village Garhi Rampur, P.S.- Naya Ram Nagar, District- Munger. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Amit Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Harendra Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Naya Ram Nagar P.S. Case No. 79 of 2017 registered under Sections 341, 323, 307, 302 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioners along with other accused persons are said to have assaulted the informant and his family members by means of lathi and bhala while accused Pankaj Das, Mukesh Das and Pawan Das have resorted firing resulting into death of brother-inlaw of the informant, namely, Raghu Das and inflicted injury to his nephew Chandan Das.

Patna High Court Cr.Misc. No.53182 of 2017 (3) dt.12-12-2017 2/2 It is submitted by learned counsel for the petitioners that the allegation levelled against the petitioners are not specific rather omnibus. There is no allegation of resorting firing against the petitioners rather against Pankaj Das, Mukesh Das and Pawan Das. The petitioners have been languishing in custody since 01.05.2017. Similarly situated co-accused, namely, Bipin Das has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 42796 of 2017 vide order dated 20.09.2017. In the facts and circumstances of the case, the above named petitioners are directed to 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 the learned Additional Chief Judicial Magistrate-I, Munger in connection with Naya Ram Nagar P.S. Case No. 79 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T