IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23277 of 2019
Arising Out of PS. Case No.-649 Year-2018 Thana- BODHGAYA District- Gaya
GUNJAN DAS Son of Rambriksh Das Resident of Village – Jamari, P.S.-
Cherki, District – Gaya.
… … Petitioner/s
The State of Bihar
… … Opposite Party/s
For the Petitioner/s : Mr.Sunil Kumar Yadav
For the Opposite Party/s : Mr.Abhay Kumar Roy
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
2 12-04-2019 Heard learned counsel for the petitioner and learned APP for
2. The petitioner apprehends his arrest for the offences alleged
under Sections 341, 323, 325, 354/34 IPC registered in connection
with Bodh Gaya (Cherki) P.S. Case No. 649 of 2018.
3. It is submitted that the petitioner has been falsely implicated
and the specific accusation of Section 354 IPC is against co-accused
Mithun Das and Gandhi Das. There is considerable delay of three and
half months in institution of the FIR on 10.11.2018 for the occurrence
of 22.07.2018. The accusation of assault is general and omnibus in
nature. The petitioners claims clean antecedents.
4. Be that as it may, in the event of the petitioner’s arrest or
surrender before the court below within six weeks from the date of
communication of this order, let the above named petitioner be
released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
with two sureties of like amount each to the satisfaction of learned
CJM, Gaya in connection with Bodh Gaya (Cherki) P.S. Case No. 649 of
2018, subject to the conditions as laid down under Section 438 (2)
Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioner.
Patna High Court CR. MISC. No.23277 of 2019(2) dt.12-04-2019
ii. That the petitioner shall not indulge in any similar offence till
conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not
already concluded, and make himself available as and when so
required and in case of failure, the State shall be at liberty to move for
cancellation of bail.
iv. The petitioner shall remain physically present in Court on each
and every date during trial and in the event of failure on two
consecutive dates without sufficient reason, his bail bond shall be
liable to be cancelled by the learned Court concerned.
(Vikash Jain, J)