Shankar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73751 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- DHANKUND District- Banka ====================================================== 1.

Shankar Das S/o Late Ishwar Das, Resident of Village- Babura, P.S.- Dhankund, District- Banka.

2.

Barun Das Son of Shankar Das, Resident of Village- Babura, P.S.- Dhankund, District- Banka.

... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Rana Pratap Singh, Advocate Mr.Sanjay Kumar Jha, Advocate Mr.Satyaveer, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, 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 anticipatory bail in connection with Dhankund P.S. Case No. 41 of 2019 registered for the offences punishable under Sections 147, 148, 149, 151, 152, 109, 186, 283, 442, 337, 338, 323, 307, 353, 332, 333, 427, 506 and 504 of the of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case due to dirty village politics. Learned counsel further submits that there is no allegation of any overt act against the

Patna High Court CR. MISC. No.73751 of 2019(3) dt.26-11-2019 2/3 petitioners.

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

Considering the facts and circumstances of this case, wherein it is the submission of learned counsel for the petitioners that the alleged occurrence is said to have taken place when the truck crushed three persons causing their death and then a large number of mob had assembled at the place of occurrence and they started raising thrust against the police and about 300-400 persons are said to have member of the mob and the name of these petitioners have been brought on vague allegation that they were found in the videography but no overt act has been alleged against these petitioners and further that these petitioners have got no criminal antecedent, let the petitioners above named in the event of their arrest or surrender within a period of four weeks from today be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka in connection with Dhankund P.S. Case No. 41 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself

Patna High Court CR. MISC. No.73751 of 2019(3) dt.26-11-2019 3/3 available for interrogation by a police officer as and when required;

(ii) a condition that the 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;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) ved/- U T