Pundeo Das @ Punyadev Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46615 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

PUNDEO DAS @ PUNYADEV DAS Son of Jharu Das Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran. 2.

Niranjan Kumar Son of Pundev Das @ Punyadev Das Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran. 3.

Sandeep Kumar Son of Pundev Das @ Punyadev Das. Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran. 4.

Gulabchandra Das Son of Jagan Das Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran.

5.

Rajendra Das Son of Jagan Das Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran.

6.

Wakil Das Son of Gudar Das Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran.

7.

Sardha Devi @ Sarda Devi Wife of Devlal Das Resident of Village - Belghatti, P.S.- Turkauliya, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Turkauliya P.S.Case No.215 of 2019 dated 2.4.2019 , registered for offences punishable under Sections 147, 148, 145, 341, 323, 307, 332, 333, 224, 225, 353 of the Indian Penal Code.

Allegation as per the self-statement of the S.H.O. of

Patna High Court CR. MISC. No.46615 of 2019(2) dt.29-07-2019 2/3 Turkauliya Police Station is that the informant and another police officials raided the house of Deolal Das, who is accused in another case and found in drunken condition, however, the other co-accused including the petitioners came there and started brickbatting and assaulting the police party by Lathi, Danda and Farsa due to that the police personnel received injuries.

Submission of the learned counsel for the petitioners is that they are named in the FIR but nothing specific has been attributed against them and they are ready to abide by any condition imposed upon them.

Heard learned A.P.P. who has opposed the prayer for bail stating that the petitioner no.1 is also accused in another case . Having heard both sides and in view of the facts and circumstances, as stated above, so far petitioner no.1, named above is concerned, I am not inclined to grant privilege of anticipatory bail to him, as such his prayer for bail is rejected. So far petitioner nos. 2 to 7, named above, are concerned, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty

Patna High Court CR. MISC. No.46615 of 2019(2) dt.29-07-2019 3/3 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned 9th Addl. Sessions Judge cum Spl. Judge, Excise, East Champaran, Motihari in connection with Turkauliya P.S.Case no.215 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T