Radhiya Das @ Duryadhan Chand Das @ Radia Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11531 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== RADHIYA DAS @ DURYADHAN CHAND DAS @ RADIA DAS S/o Rakhal Chand Das @ Rakhal Das @ Rakhal Chandra Das Resident of Village- Bela, Refugy Colony, Ward No. 03, P.S.- Narpatganj, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120-B and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons assaulted the father and brother of the informant due to which they sustained injury and later succumbed to the injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.1.2020 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Altogether 66 persons are named in the F.I.R. As per the informant, the deceased were

Patna High Court CR. MISC. No.11531 of 2020(2) dt.28-02-2020 2/2 returning home and the accused persons assaulted the deceaseds. The informant is not an eye witness to the manner of occurrence. Later on, a witness namely Raghunath Das claimed that he was also accompanying the deceaseds and hence he explained the manner of occurrence. His name does not figure in the F.I.R. Later on, the prosecution has tried to set up the said witness with an intention to falsely implicate the petitioner. If he had seen the occurrence, he ought to have become informant of the present case. Other co-accuseds have been granted bail vide Annexure-2 and 3 series to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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, Araria in connection with Narpatganj (Basmatiya) P.S. Case No. 281/2019. (Sudhir Singh, J) Pankaj/- U T