Bijay Das @ Vijay Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20733 of 2017 Arising Out of PS.Case No. -760 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Bijay Das @ Vijay Das Son of Chunchun Das,

2. Mukesh Das @ Mukesh Kumar Das Son of Chunchun Das, Both are Resident of Village- Nimatand, P.S.+ District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 The petitioners seek regular bail in connection with Banka P.S. Case No. 760 of 2016, registered for offences punishable under Sections 384, 307/34 of the Indian Penal Code and under Section 27 of Arms Act.

Allegation against the petitioners and other co-accused persons is of demand of rangdari and causing fire arm injury to the informant.

It has been submitted on behalf of the petitioners that only general and omnibus allegation of demand of rangdari has been levelled against the petitioners and the allegation of firing is against other co-accused person of this case. Petitioners have no criminal antecedent and has been in judicial custody since 23.01.2017

Patna High Court Cr.Misc. No.20733 of 2017 (2) dt.09-05-2017 2/3 Heard learned A.P.P. also.

Having heard both sides, in view of the fact that only general and omnibus allegation for demand of extortion has been levelled against the petitioners and specific allegation of firing is against other co-accused and petitioners have no criminal antecedent and have remained in custody for more than four months, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 760 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.20733 of 2017 (2) dt.09-05-2017 3/3 without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T