Subodh Das @ Subodh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51653 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Subodh Das @ Subodh Kumar Das Son of Saryug Das, Resident of Village - Dhobi Dih, P.S. -Rajoun, Distt - Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Jagdishpur P.S. Case No. 231 of 2019 registered for the offences punishable under Sections 341, 385, 504, 506 of the Indian Penal Code and Sections 25(1-b)a/26 of Arms Act and Section 37(c) of the Bihar Prohibition and Excise (Amendment) Act.

Learned counsel for the petitioner submits that recovery of arms is by a private person and as such the same is bailable offence. The petitioner had gone to the informant for demanding his money given to the informant but the informant planted this case and got him implicated in the present case. The petitioner is in custody since 03.07.2019.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.51653 of 2019(3) dt.20-11-2019 2/2 bail.

Considering the nature of allegations and that the petitioner is in custody since 03.07.2019, let the petitioner above named be released on bail in connection with Jagdishpur P.S. Case No. 231 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional District and Sessions Judge-cum-Special Judge, Excise, Bhagalpur, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) vats/ved U T