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Patna High CourtCR. MISC./8251/2019bail granted

Rajeshwar Das @ Rajeshwar Dash @ Chulhai Das v. The State Of Bihar

2019-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8251 of 2019 Arising Out of PS. Case No.-251 Year-2017 Thana- HARSIDHI District- East Champaran ====================================================== Rajeshwar Das @ Rajeshwar Dash @ Chulhai Das Son of Late Surya Das Resident of Village- Singaha, P.S.- Harsidhi, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 363, 365 of the Indian Penal Code.

Allegation is that the informant's son, namely, Raja Babu, aged about 7 years, is traceless. He searched his son, but could not be traced.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.07.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in the present case on the basis of suspicion

Patna High Court CR. MISC. No.8251 of 2019(4) dt.02-05-2019 2/2 raised by Ojha. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Hardishi P.S. case No.251 of 2017.

(Sudhir Singh, J) Narendra/- U T