Yogendra Das @ Jogendra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56592 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Yogendra Das @ Jogendra Das Son of Late Baleshwar Das Resident of village- daniyalpur, ward no 05, Ravi Das Tola, P.S -Teghra, District -Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Amar Kumar Singh, learned counsel for the petitioner and Mr. Rajendra Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 27.05.2024, in connection with Teghra P.S. Case No. 148 of 2024, F.I.R. dated 25.05.2024 registered for the offences punishable under Sections 447, 341, 342, 323, 307, 354, 379, 384, 504, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that accused persons including the petitioner having armed with lathi, danda and iron rod came at the house of the informant and started abusing and started assaulting and demanded rangdari Rs. 50,000/- and when the informant's husband protested his demand then accused Raja picked him up and thrown down and started pressing his neck by sitting on his chest with intention to
Patna High Court CR. MISC. No.56592 of 2024(3) dt.25-09-2024 2/3 kill. Accused persons took out of Rs. 5000/-, snatched golden chain tried to outrage modesty of the informant and beaten them with leg and fists.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that although the petitioner is named in the F.I.R. but from perusal of the F.I.R. it appears that there is no specific allegation of any assault or overt act attributed against the petitioner and at best the petitioner may be the member of mob and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 27.05.2024.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 148 of 2024, subject to the following conditions :-
Patna High Court CR. MISC. No.56592 of 2024(3) dt.25-09-2024 3/3
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//- U T