Birendra Das @ Virendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6618 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -BUNIADGANJ District- GAYA ====================================================== Birendra Das @ Virendra Das, Son of Late Nanhak Das @ Nanhak Ravidas, Resident of Village - Siyarbhuka Tola Babu Barhi Bigha, P.S. - Chandauti, District - Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sudha Chandra, Advocate For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 22-06-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 364, 504/34 of the Indian Penal Code.

The allegation is that twenty persons including the petitioner assaulted the informant and others and abducted Dinesh Das, neighbour of the informant.

It is submitted that the informant in his restatement has specifically stated that Dinesh Das was abducted by Subash Das and Birbal Paswan. The petitioner is a student and he has been falsely implicated in this case. However, after investigation, charge sheet has already been submitted and there is no chance of tampering with the evidence. The petitioner is in custody since

Patna High Court Cr.Misc. No.6618 of 2015 (5) dt.22-06-2015 2/2 11.08.2014 having no criminal antecedent.

The learned counsel for the State submits that the victim Dinesh Das is still traceless.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Smt. Kumari Vijaya, Judicial Magistrate, 1st Class, Gaya in Buniyadganj P.S. Case No.22 of 2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T