Dharmendra Saw @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25110 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- PARASI District- Jehanabad ====================================================== DHARMENDRA SAW @ DHARMENDRA KUMAR SON OF SRI CHOTAN SAW Resident of Village- Parasi, P.S.- Parasi in the district of Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 201, 120B and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that his son went along with the three named accused persons including the petitioner herein and did not return. Subsequently, his dead body was recovered from the river with the injuries on the same.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Accepting the allegations made in the FIR for the sake of argument, it is submitted that there is no eye-witness to the
Patna High Court CR. MISC. No.25110 of 2021(3) dt.20-12-2021 2/2 occurrence and only an unsubstantiated suspicion has been raised against this petitioner who is in custody since 26.10.2020 and has no criminal antecedent. Charge sheet has been submitted in the case. His case stands on a similar footing to that of co-accused Jata Kumar and Moti Yadav who have been enlarged on bail vide order dated 30.11.2021 passed in Cr. Misc. no. 33009 of 2021 and order dated 15.12.2021 passed in Cr. Misc. no. 38158 of 2021. It is lastly submitted that at best the case against the petitioner is of last seen.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, charge sheet having been submitted in the case and grant of bail to the above named similarly situated co-accused, the Court directs the petitioner to be enlarged on bail in connection with Parasi P.S. Case no. 62 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal.
(Partha Sarthy, J) Prakash/- U