Rambali Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55022 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- DUMARIYA District- Gaya ====================================================== Rambali Das, aged about 45 years, Gender-Male, Son of Ram Sundar Das, Resident of Village - Basdiha, P.S.- Dumariya, 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.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Dumariya P.S. Case No. 09 of 2019 registered for the offences punishable under Sections 147, 148, 149, 449, 302 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Sections 16 and 18 of U.A.P. Act.

Learned counsel for the petitioner submits that mere suspicion has been raised against the petitioner in the written report. It is alleged in the written report that 30-35 unknown miscreants armed with weapons arrived and attacked at the house of the informant and committed murder of her husband by firearm. The informant has raised suspicion against the petitioner and two other accused persons. There is no allegation of specific overt act against the petitioner. The petitioner is in custody since 15.04.2019. Learned

Patna High Court CR. MISC. No.55022 of 2019(2) dt.02-09-2019 2/2 counsel for the petitioner further submits that the similarly situated co-accused Mukhiya Sudhir Paswan has been granted bail by Coordinate Bench of this Court vide order dated 09.08.2019 passed in Cr. Misc. No.36104 of 2019.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Gautam Kumar, learned J.M.-Ist, Gaya in connection with Dumariya P.S. Case No. 09 of 2019, subject to the following conditions :

(1) On of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T