Binod Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15814 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- BELHAR District- Banka ====================================================== BINOD DAS Son of Late Kishun Das Resident of Village - Bhagwanpur Boka, P.S.- Belhar, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Harendra Prasad Singh, A.P.P.

For the Informant :

Mr. Balram Kapri, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 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 section 302 and other sections of the Indian Penal Code.

As per allegations in the F.I.R., it is stated by the informant that on a dispute between Binod Das and the husband of the informant, the accused persons came variously armed. It is further stated that Amin Das with a kulhari and Bittu Das with a lathi struck the husband and elder brother-in-law of the informant as a result of which her husband died and her elder brother-in-law was seriously injured.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in the case. Even as

Patna High Court CR. MISC. No.15814 of 2021(2) dt.12-08-2021 2/2 per the F.I.R., no overt act has been alleged against him. He is in custody since 30.6.2020 and has no criminal antecedent. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant who submits that the main allegation is against this petitioner who is the cause behind the occurrence.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over one year, the Court directs the petitioner to be enlarged on bail in connection with Belhar P.S. Case No. 221 of 2020 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, Banka.

(Partha Sarthy, J) Bibhash U