Dhiba Das @ Deepak Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16315 of 2024 Arising Out of PS. Case No.-50 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Dhiba Das @ Deepak Das S/o Jokhi Das R/o Vill - Dighara, P.S. - Laxmipur, Dist. - Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dwij Raj For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code. As per prosecution case, the informant who is chowkidar alleged that, he got information with regard to a dead body lying in the house of petitioner. The deceased is son-in-law of the petitioner. Villagers informed him that some hot exchange of words took place between the father-in-law and son-in-law and thereafter petitioner along with other coaccused persons killed him by means of sharp cut weapon and all of them left the house.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.16315 of 2024(4) dt.05-07-2024 2/3 that the petitioner is innocent and has committed no offence. The petitioner is father-in-law of the deceased. There is general and omnibus allegation against the petitioner. There is no consistent evidence in respect of complicity of the petitioner. It is further submitted that neither the informant nor any witness in the investigation is the eye witness in this case rather all the witnesses are hearsay only. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated several co-accused persons have already been granted bail by this Court as well as co-ordinate Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 23.05.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laxmipur P.S. Case No. 50 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.16315 of 2024(4) dt.05-07-2024 3/3 amount each to the satisfaction of the learned Additional District & Sessions Judge -III, Jamui.

(Sunil Kumar Panwar, J) Nirajkrs/- U T