Patna High CourtCR. MISC./54514/2023bail granted

Ajay Das v. The State Of Bihar

2023-08-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54514 of 2023 Arising Out of PS. Case No.-233 Year-2022 Thana- KONCH District- Gaya ====================================================== AJAY DAS S/O LATE RAMDHANI DAS R/O VILLAGE- SARBAHDA, PS. KONCH, DIST. GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Konch P.S. Case no.233 of 2022 registered under sections 307, 354B, 341, 323, 504, 506 and 34 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

3. The earlier prayer for bail of the petitioner was dismissed as withdrawn with liberty to move a separate bail application vide order dated 29.4.2023 passed in Cr. Misc. no.7813 of 2023.

4. As per the prosecution case, the informant states that the accused persons including the petitioner herein came variously armed, entered the house of the informant and assaulted the members of family of the informant causing

Patna High Court CR. MISC. No.54514 of 2023(2) dt.25-08-2023 2/2 serious injuries. Subsequently in course of treatment, one of the injured died.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The petitioner has remained in custody since 5.7.2022 and investigation in the case is complete.

6. Heard learned A.P.P. for the State.

7. Having heard learned counsel for the parties and taking into consideration the nature of allegation being general and omnibus in the F.I.R. together with the petitioner having remained in custody for more than a year since 5.7.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Konch P.S. Case no.233 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya.

(Partha Sarthy, J) Saurabh/- U T