Tuntun Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 6897 of 2020 Arising Out of PS. Case No.-19 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== TUNTUN DAS S/o Late Bindeshwar Das Resident of Village- Belai, P.S.- Ghosi, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Vinod Kumar, Advocate For the Opposite Party/s :

Mr Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-06-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Ghosi Police Station (for brevity, PS) Case No 19 of 2019 instituted for the offence punishable under Section(s) 147, 148, 341, 323, 325, 375, 504, 307 of Indian Penal Code. The informant was at his house with his family

Patna High Court CR. MISC. No.6897 of 2020(4) dt.18-06-2020 2/3 members, when it is alleged that co-accused Laxman Das came with a group and exhorted them to erect a wall for construction on the lands of some monuments. It is thereafter alleged that he, along with his group, who were variously armed, have assaulted the petitioner, Rajesh Kumar, Mukesh Kumar, Amit Bharti and others. The assault upon Amit Bharti is attributed to the petitioner.

Petitioner's counsel submits that the doctor has not found Amit Bharti to be injured. The petitioner has falsely been implicated in this case. The informant in fact had gone to the house of the petitioner and assaulted Saurabh Kumar and snatched a locket from his neck for which Rampur PS Case No 334 of 2018 was lodged against the informant and his men. The instant case is a counterblast. The petitioner is stated to be a man of clean antecedent. Co-accused Dinesh Das has been granted anticipatory bail by this Court in Cr Misc No 65889 of 2019.

The learned APP for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the Court

Patna High Court CR. MISC. No.6897 of 2020(4) dt.18-06-2020 3/3 below, within four (04) weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Ghosi PS Case No 19 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T