Patna High CourtCR. MISC./61177/2019bail granted

Rambarhan Das @ Barhan Das @ Barah Das v. The State Of Bihar

2019-10-14Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61177 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- PARAIYA District- Gaya ====================================================== 1.

RAMBARHAN DAS @ BARHAN DAS @ BARAH DAS Son of Late Jethan Das Resident of Village Sudhani, P.S.- Paraiya, District- Gaya 2.

Manoj Das Son of Late Rambrat Das Resident of Village Sudhani, P.S.- Paraiya, District- Gaya 3.

Anuj Das @ Anoj Das Son of Late Rambrat Das Resident of Village Sudhani, P.S.- Paraiya, District- Gaya 4.

Pardeshi Das @ Pradeshi Kumar Son of Shiv Kumar Das @ Shiv Kumar Resident of Village Sudhani, P.S.- Paraiya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 323, 307, 379, 504, 506 of the Indian Penal Code registered in connection with Paraiya P.S. Case No. 38 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty disputes. The thrust of accusation is against co-accused Shiv Kumar Das who is said to have assaulted the informant with rod on his head. The accusation of assault is general and omnibus and in any event the injuries are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners' be

Patna High Court CR. MISC. No.61177 of 2019(2) dt.14-10-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM III, Gaya, in connection with Paraiya P.S. Case No. 38 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran/- U T