Nageshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12526 of 2021 Arising Out of PS. Case No.-291 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== NAGESHWAR DAS Son of Jagdish Das Resident of village - Rambishanpur Chakula, P.S. - Raghopur, District - Supaul.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Syed Ehtesamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B and 34 of the Indian Penal Code.

As per allegations in the F.I.R., it is stated that the informant started to make enquiries when her father-in-law who had gone out did not return. It is stated that the F.I.R. named accused persons demanded Rs.25,000/ for providing information. Subsequently, the dead body of her father-in-law was dug out. She states that the accused persons owed Rs.50,000/ to her father-in-law and they were a party in the crime.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.12526 of 2021(3) dt.05-08-2021 2/2 that the petitioner is not named in the F.I.R. He has been falsely implicated in the case in course of investigation when his name transpired in the confessional statement of co-accused Sanjay Das made before police. No incriminating material has transpired in course of investigation to connect him with the alleged crime. The petitioner is in custody since 26.11.2019 and investigation in the case has concluded. He has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the materials available on record together with the petitioner having remained in custody for 1 year 8 months, the Court directs the petitioner to be enlarged on bail in connection with Chhatapur P.S. Case no.291 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul.

(Partha Sarthy, J) Saurabh/- U T