Suresh Das @ Suresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9367 of 2020 Arising Out of PS. Case No.-56 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== Suresh Das @ Suresh Kumar, Son of Biltu Das, Resident of Village - Mohammadpur, P.S.- Surajgarha, Dist.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-06-2020 This case has been heard through Video Conferencing. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 307, 324/34 of the Indian Penal Code.

Prosecution case in brief is that one Biltu Das lodged his farbdeyan on 12.03.2019 at 7.30 a.m. has allegedly stated that his family is in dispute with the family of Thakur Das for which altercation allegedly ensued and thereafter the deceased Naresh Das and nephew Basudeo Das when went to attend call of nature, Ganesh Das, Niranjan Das, Nunulal Das, Bibhisan Das, Sunil Das all sons of Thakur Das including the petitioner allegedly assaulted them. Suresh Das also allegedly

Patna High Court CR. MISC. No.9367 of 2020(3) dt.16-06-2020 2/3 indiscriminately assaulted with knife on both of them and on hulla he reached thee and saw intestine of his son Naresh Das came out and blood was fallen on earth and his nephew Basu Das received several knife injury on his back and seeing the villagers coming all the six accused persons fled away towards Baseri. Thereafter with the help of villagers both injured were taken to Sadar Hospital, Lakhisarai for treatment where his son Naresh Das died and his nephew Basudeo Das was referred to P.M.C.H. for better treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. There is land dispute between the parties. I have perused the case diary, petitioner is also involved in other five cases and the petitioner is also member of mob.

In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is rejected in connection with Suryagarha P.S. Case No. 56 of 2019 from the Court of learned Chief Judicial Magistrate, Lakhisarai.

Accordingly, the application is dismissed.

However, petitioner is directed to surrender before the

Patna High Court CR. MISC. No.9367 of 2020(3) dt.16-06-2020 3/3 learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) amitkumar/- U T