Vinod Das vs State Of Bihar

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.

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.

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.

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.

Learned APP submitted that the petitioner was also part of the mob which had assaulted the informant and his brother.

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 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.

The application stands disposed off in the aforementioned terms.