Vinod Das vs The State Of Bihar
2021 Latest Caselaw 582 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36938 of 2020
Arising Out of PS. Case No.-135 Year-2020 Thana- MADHUBAN District- East Champaran
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Vinod Das, aged about 35 years, male, Son Of Late Bhola Das, Resident of Village - Dhabauliya, P.S. - Madhuban, District - East Champaran

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the State : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Rajesh Ranjan, learned counsel for the

petitioner and Mr. Rana Randhir Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with

Madhuban PS Case No. 135 of 2020 dated 19.05.2020,

instituted under Sections 147/ 148/ 149/ 341/ 323/ 324/ 307/

379/ 504/ 506 of the Indian Penal Code.

3. The allegation against the petitioner and others is of

assault on the informant and his brother resulting in injury.

However, against the petitioner it is general and omnibus and

that another co-accused asked the petitioner to kill the

informant.

Patna High Court CR. MISC. No.36938 of 2020 dt.02-02-2021

4. Learned counsel for the petitioner submitted that

besides the allegation being general and omnibus, the only

statement in the FIR is that another co-accused asked the

petitioner to kill the informant. However, it was submitted that

no overt act is alleged by the informant and also no injury was

caused to anyone by the petitioner. It was submitted that there is

also a counter case for the same occurrence. Learned counsel

submitted that the petitioner has no criminal antecedent and is in

custody since 10.01.2020.

5. Learned APP submitted that the petitioner was also

part of the mob which had assaulted the informant and his

brother.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned ACJM IV,

Motihari, East Champaran in Madhuban PS Case No. 135 of

2020, subject to the conditions (i) that one of the bailors shall be

a close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an Patna High Court CR. MISC. No.36938 of 2020 dt.02-02-2021

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T