Ramesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51163 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== Ramesh Das SON OF LATE MANJU RAVIDAS @ LATE MANJU KUMAR DAS @ MANJU RAVI DAS @ LATE MANJULUM RAVIDAS VILLAGEKHURD GHOSI, PS- PARAS BIGHA, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 395 and 397 of the IPC.

3. As per the prosecution case, the informant has stated in his fardbeyan that the petitioner along with others have assaulted him brutally with deadly weapons due to which he sustained serious injuries. It is further alleged that the accused persons fled away taking all the belongings of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.51163 of 2024(2) dt.09-08-2024 2/3 offence. No such occurrence as alleged has ever taken place. Nothing has been recovered from the possession of the petitioner during the course of investigaton. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is inordinate delay of ten days in lodging the FIR, which creates serious doubt about the prosecution case. There is no eye witness to the alleged occurrence. Petitioner has no criminal antecedent and he is in custody since 28.02.2024.

5. Learned APP for the State opposes the prayer for bail and submits that the allegation levelled against the petitioner is serious in nature.

6. Having regard to the facts and circumstances of the case as well as considering the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Main P.S. Case no. 115 of 2023.

7. Petitioner is directed to cooperate in the trial. If the

Patna High Court CR. MISC. No.51163 of 2024(2) dt.09-08-2024 3/3 petitioner fails to appear before the learned Court below on the two consecutive dates on the date fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below.

(Anjani Kumar Sharan, J) divyanshi/- U T