Patna High CourtCR. MISC./13304/2019rejected

Dinesh Das And ANR v. The State Of Bihar

2019-04-11Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13304 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- SONBERSA District- Saharsa ====================================================== 1.

DINESH DAS aged about 50 years (Male), Son of Somi Das, Resident of Village - Dehad, PS- Sonbarsa Raj, Distt - Saharsa. 2.

Mukesh Das aged about 25 years (Male), Son of Dinesh Das, Resident of Village - Dehad, PS- Sonbarsa Raj, Distt - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are accused in connection with Sonbarsa Raj P.S. Case No. 161 of 2018 registered for the offences punishable under sections 302, 120(B), 34 of the I.P.C. pending in the Court of Judicial Magistrate, Saharsa. Submission of learned counsel for the petitioners is that petitioners are innocent and have falsely been implicated in this case due to dirty politics of his locality. There is no eye witness to the alleged occurrence. Petitioners are in custody since 22.09.2018.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.13304 of 2019(3) dt.11-04-2019 2/2 opposed the prayer of the petitioners with submission that petitioners are named in the first information report. In the several paragraphs of the case diary, the witnesses have also supported the version of the prosecution.

Having considered the above facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected.

However, the petitioners may renew their prayer for bail after framing of charge.

(Arvind Srivastava, J) Shailendra/- U T