Rajesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40606 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Rajesh Das Son of Sri Ram Nandan Das, resident of Village- Ekama, P.S. Hathauri, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s : Mr. Smt. Reena Sinha, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 04.12.2016 in connection with S. Tr. No. 178 of 2017 arising out of Hathauri P.S. Case No. 131 of 2016 for the offence registered under Section 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that though there is direct allegation against the petitioner yet the petitioner being the full brother could not be implicated in the same as during the course of trial the father and the mother of the petitioner have denied complicity of the petitioner and have stated that all the three brothers were separate. They have also denied the story of the dispute with regard to the allocation of shares of the compensation money. The petitioner's further case is that the deceased died of injuries which were caused while he was cutting
Patna High Court Cr.Misc. No.40606 of 2017 (2) dt.19-09-2017 2/2 the grass with the cutting machine.
Considering the fact that the petitioner is in custody for almost 10 months and the witnesses have turned hostile and also because the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Muzuffarpur in connection with S. Tr. No. 178 of 2017 arising out of Hathauri P.S. Case No. 131 of 2016 (Anjana Mishra, J) Jagdish/- U T