Ratnesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24686 of 2017 Arising Out of PS.Case No. -398 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Ratnesh Das, Son of Deshai Das, resident of Village- Hareyanpur, Police Station- Mahua in the District of Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-06-2017 Heard the parties.

The petitioner seeks regular bail in connection with Mahua P.s.Case No.398 of 2013 registered for offences punishable under Sections 147, 148, 149 & 302 of the Indian Penal Code. Allegation against the petitioner and other accused persons is that they came to the house of the deceased and assaulted with 'Lathi' and 'Danda' causing his death.

It is submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner and the post mortem report shows that 200 ml. liquor has been found in his bladder and injuries due to fall can not be ruled out. It is also submitted that the other co-accused persons have already been granted bail by this Court, vide order dated 29.6.2015 passed in

Patna High Court Cr.Misc. No.24686 of 2017 (3) dt.23-06-2017 2/2 Cr. Misc. No.18325 of 2015 and order dated 14.7.2014 passed in Cr. Misc. No.16507 of 2014. The petitioner is in custody since 27.3.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Mahua P.S.Case No.398 of 2013.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U