Ratnesh Das @ Ratnesh Kumar @ Ratnesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71293 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== 1.
Ratnesh Das @ Ratnesh Kumar @ Ratnesh Das Son of Rajkumar Das R/O Vill.- Dih Sarsuna, P.S.- N.H. Bangra, Dist.- Samastipur 2.
Rajkumar Das Son of Late Janak Das R/O Vill.- Dih Sarsuna, P.S.- N.H. Bangra, Dist.- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest bail in connection with N.H. Bangra P.S. case No. 109 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 325, 354, 427, 307, 333, 353, 114, 188, 504 of the Indian Penal Code.
3. Prosecution case, in short, is that informant along with police official proceeded from Bangra Police Station to remove the encroachment as the same was encroached by Baidyanath Mahto at village Dih Sarsauna. It is alleged that the petitioners and other accused persons assaulted the police party
Patna High Court CR. MISC. No.71293 of 2024(2) dt.27-09-2024 2/3 and lady constables as a result of which they sustained injuries. It is further alleged that the accused persons hampered with the duty of the government officials.
4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case only on the basis of secret information. Learned counsel further submitted that petitioners have not committed any offence as alleged in the FIR. No any specific overt act is alleged against the petitioners. Learned counsel further submitted that two co-accused persons have been granted bail by a co-ordinate Bench of this Court vide Annexure-P2 Series to the present bail application. It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.H. Bangra P.S.
Patna High Court CR. MISC. No.71293 of 2024(2) dt.27-09-2024 3/3 case No. 109 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T