Allowed

Suresh Das @ Sidesh Das @ Sidhes Das v. The State Of Bihar

Patna HC20 Sept 2018CR. MISC./49655/2018

Case brief

AI extract

What is this about?

Petitioner sought bail in an IPC Section 392 case alleging false implication over a food price dispute. Court noted lack of eyewitness and contradictions in informant's deposition. Bail granted on furnishing bond and sureties.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000 and two sureties of the like amount each.

Suresh Das @ Sidesh Das @ Sidhes Das Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49655 of 2018

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Arising Out of PS. Case No.-123 Year-2011 Thana- MAHESI District- East Champaran

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======================================================

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Suresh Das @ Sidesh Das @ Sidhes Das S/o Sri Lal Das @ Lalan Das @ Lal Das R/o Vill. + P.O.- Panapur, P.S.- Minapur, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL

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ORAL ORDER

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2 20-09-2018 Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

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Petitioner who happens to be the owner of the dhaba is said to have looted Rs. 16000/- from the possession of the informant on the point of pistol along with his two cooks and one other miscreant and extended threatening of dire consequence in case of lodging the case.

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It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in the case by the informant merely because he happens to be the owner of the dhaba and some altercation took place between them over the price of the food accorded by the petitioner to the informant.

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Patna High Court Cr.Misc. No.49655 of 2018(2) dt.20-09-2018 2/2

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There is no eye witness of the occurrence. Earlier bail petition of the petitioner was rejected by this Court vide order dated 28.03.2018. After the said rejection order, informant has been examined by the Trial Court and in his deposition, he has candidly denied to have identified the accused persons during the occurrence as they had muffled their face. In his crossexamination, he has further stated that petitioner is preacquainted and police has falsely made the petitioner accused in the case of its own. He has further stated that the person who had muffled his face had snatched money from him. Petitioner has been languishing in custody since 12.10.2017. Similarly situated co-accused namely Naresh Ram has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 38051 of 2012 vide order dated 12.10.2012.

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In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, East Champaran in connection with Mehasi P.S. Case No. 123 of 2011, G.R. No. 2169 of 2011.

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(Prakash Chandra Jaiswal, J) mantreshwar/- U T

Suresh Das @ Sidesh Das @ Sidhes Das v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Suresh Das @ Sidesh Das @ Sidhes Das v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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