Nunuram Das vs The State Of Bihar on 18 September, 2023

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Patna High Court - Orders

Nunuram Das vs The State Of Bihar on 18 September, 2023

Bench: Anjani Kumar Sharan

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33177 of 2023
                         Arising Out of PS. Case No.-219 Year-2020 Thana- JHAJHA District- Jamui
                 ======================================================
                 NUNURAM DAS Son of Late Lakhan Das Resident of village-Dhobiyakura,
                 P.S.-Jhajha, District-Jamui
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Irshad Ahmad Khan, Adv.
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   18-09-2023

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Jhajha P.S. Case No.219/2020 (G.R. No.2005/2020), registered for the offence punishable u/s 147, 148, 149, 341, 323, 307, 302, 504, 506 of the IPC.

3. Allegation against the petitioner is that she along with other accused persons has indiscriminately assaulted the informant and one Rajendra Das by means of various weapons, who sustained grievous injury and died.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and Patna High Court CR. MISC. No.33177 of 2023(4) dt.18-09-2023 2/2 omnibus in nature. The petitioner himself fled away and has not seen who assaulted the deceased. It is submitted that it is a case of mob lynching and no one say who committed murder. Petitioner has no criminal antecedent and several similarly situated co-accused have been granted regular bail.

5. Learned APP for the State opposed the prayer for bail by submitting that in the entire case diary, there is ample evidence against the petitioner.

6. Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is accordingly dismissed.

8. However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that some of the co-accused have been granted regular bail by this Court.

(Anjani Kumar Sharan, J) pallavi/-

U       T

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Patna High Court - Orders