Sunil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74125 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- DEOKUND District- Aurangabad ====================================================== 1.

Sunil Das Son of Ram Swarup Das, Resident of Village - Bilaru Mathiya, P.S.- Deokund, Dist.- Aurangabad.

2.

Ram Swarup Das Son of late Surajmal Das, Resident of Village - Bilaru Mathiya, P.S.- Deokund, Dist.- Aurangabad.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-11-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Petitioners in the present case are seeking regular bail in connection with Deokund P.S. Case No. 32 of 2019 registered for the offences punishable under Sections 341, 323, 325, 307, 504, 509 read with Section 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely implicated in the present case. Learned counsel further submits that the informant and these petitioners had a quarrel over the disposal of the dead body of their cattle for which Deokund P.S. Case No. 33 of 2019 was filed by one of the petitioners against the informant and their family members. It is also submitted that the

Patna High Court CR. MISC. No.74125 of 2019(2) dt.26-11-2019 2/3 petitioners have no criminal antecedent and they are in custody since 17.07.2019.

Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case, wherein it transpires from the record that the informant and these petitioners had a quarrel over the disposal of the dead body of their cattle for which Deokund P.S. Case No. 33 of 2019 was filed by one of the petitioners against the informant and their family members and further that petitioner no. 1 is said to have assaulted the father-in-law of the informant by an iron rod which caused head injury and petitioner no. 2 is said to have thrown stone from his roof causing injury to the father-in-law and grandmother of the informant but the petitioners have no criminal antecedent and they are in custody since 17.07.2019, the investigation is complete and they have already been chargesheeted, let the petitioners above named be released on bail in connection with Deokund P.S. Case No.

32 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the condition as laid down under Section 437 (3) Cr.P.C.

Patna High Court CR. MISC. No.74125 of 2019(2) dt.26-11-2019 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) ved/- U T