Sushan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83695 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== SUSHAN KUMAR DAS Son of Aryanchandra Das Resident of Village - Bela, Near S.S.B Camps, Ward No. 03, P.S.- Narpatganj, Distt - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Satyavrat Verma For the Informant :

Mrs. Shilpi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120B and 34 of the Indian Penal Code.

The prosecution case in short is that while father and brother of the informant were coming on motorcycle, the accused persons assaulted them with deadly weapons due to which they sustained injuries and later succumbed to the

Patna High Court CR. MISC. No.83695 of 2019(4) dt.05-06-2020 2/3 injuries.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.10.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. Altogether 66 persons are named in the F.I.R.. The petitioner is not named in the F.I.r.. The name of the petitioner has transpired on the restatement of one Raghunath Das. This is the only material against the petitioner. Other co-accused have been granted anticipatory bail bail vide Annexure-2 series to the present application.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 281 of 2019. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.83695 of 2019(4) dt.05-06-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T