Jaidev Das @ Jayadav Narayan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60810 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- BARSOI District- Katihar ====================================================== 1.
JAIDEV DAS @ JAYADAV NARAYAN DAS Son of Late. Fottilal Das R/V- Saadiyan, P.S- Barsoi (Sudhani O.P) Dist- Katihar 2.
Pani Charan Das @ Panilal Das Son of Late. Fottilal Das R/V- Saadiyan, P.S- Barsoi (Sudhani O.P) Dist- Katihar 3.
Khiron Devi @ Khiran Devi Wife of Late. Khogen Das R/V- Saadiyan, P.SBarsoi (Sudhani O.P) Dist- Katihar 4.
Dilip Das @ Dileep Das Son of Late. Shuren Das R/V- Saadiyan, P.S- Barsoi (Sudhani O.P) Dist- Katihar 5.
Raja Kumar Das @ Raj Kr. Das Son of Late Dinesh Das R/V- Saadiyan, P.SBarsoi (Sudhani O.P) Dist- Katihar 6.
Pijan Das Son of Late Dinesh Das R/V- Saadiyan, P.S- Barsoi (Sudhani O.P) Dist- Katihar 7.
Ramesh Das @ Ramesh Kumar Das Son of Pani Charan Das R/V- Saadiyan, P.S- Barsoi (Sudhani O.P) Dist- Katihar ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranab Kumar For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 341, 323, 324, 325, 307, 354, 379, 504 & 506/34 of the Indian Penal Code.
All the accused persons named in the F.I.R. having
Patna High Court CR. MISC. No.60810 of 2022(4) dt.31-01-2023 2/3 with deadly weapons came to the informant and assaulted him and others by their respective arms.
It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the present case is a counter blast of Barsoi P.S. Case No.109 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Having regard to the facts and circumstances of the case as well as the fact that petitioner no.3 is a lady and no specific overt act has been attributed against her, let the above named petitioner no.3, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barsoi (Sudhani O.P.) P.S. Case No. 108 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.60810 of 2022(4) dt.31-01-2023 3/3 Considering the facts and circumstances of case as well as the fact that except petitioner no.3, there is specific overt act against rest of the petitioners, I am not inclined to enlarge petitioner nos.1, 2, 4, 5, 6 & 7 on anticipatory bail. The prayer for anticipatory bail of the petitioner nos.1, 2, 4, 5, 6 & 7 is hereby rejected. However, they are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T