Dinesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12254 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== DINESH BHAGAT S/O LATE JAGAN BHAGAT R/O VILLAGESENDURARI GAJ SINGH, P.S- MOTIPUR, DISTT.- MUZAFFARPUR, BIHAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Motipur P.S. Case No. 291 of 2023 registered on 17.09.2023 lodged under Sections 302/34 I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against the present petitioner with allegation that he has killed the son of the informant due to the reason that the deceased used to be in contact with the daughter of the petitioner.

4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that in the entire case diary, the material has come only and only on the basis of suspicion. No cogent material has been found from the

Patna High Court CR. MISC. No.12254 of 2024(3) dt.18-04-2024 2/2 possession of the petitioner. Post-Mortem report shows that death has been caused due to asphyxia. He further submits that petitioner is in custody since 22.09.2023 having no criminal case pending against him, in which he is on bail.

5. Learned counsel for the State opposes the prayer for bail.

6. Counsel for informant vehemently opposes the prayer for bail and submits that in the case diary, indication has come that it is the petitioner who used to talk with the daughter of the petitioner, and subsequently, his dead body has been recovered.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- II, West Muzaffarpur in connection with Motipur P.S. Case No. 291 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U