Sanjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13707 of 2020 Arising Out of PS. Case No.-291 Year-2019 Thana- CHHATAPUR District- Supaul ====================================================== Sanjay Das, Male, aged about 36 years, Son of Heeralal Das, Resident of Village - Chakla, P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Goutam, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2020 Heard Shri Devendra Kumar Sinha, learned Senior counsel for the petitioner and learned A.P.P. for the State through the virtual court proceeding.

The petitioner seeks bail in connection with Chhatapur P.S. Case No. 291 of 2019 registered for the offences punishable under Sections 302, 201, 120B & 34 of the Indian Penal Code.

The prosecution case is based on the written statement of one Bindula Devi in which she alleged that her father-in-law went for the money before one Heera Lal Das on 13.11.2019 and did not return till evening. The informant further alleged that she went to Raghopur in search of her father-in-law and returned back to the house of Heera Lal Das when she did not got any information about her father-in-law. The informant

Patna High Court CR. MISC. No.13707 of 2020(3) dt.03-06-2020 2/3 further alleged that on 20.11.2019, she received information that a dead body was recovered beside the river Gaida at Laxmipur Domrahi.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. He further submits that after perusal of the F.I.R. it appears that the informant herself stated that her father-in-law is missing and she further identified a dead body as his fatherin-law but there is no confirmative evidence except the statement of the informant with regard to dead body. Learned counsel for the petitioner further submits that prior to recovery of dead body no information for missing has been lodged by the informant even after the knowledge that her father-in-law was missing from 13.11.2019. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 26.11.2019.

I have perused the case diary and paragraphs 14, 24, 27, 28, 32, 33 and 34 of the case diary have supported the prosecution case.

In the facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. Therefore, the

Patna High Court CR. MISC. No.13707 of 2020(3) dt.03-06-2020 3/3 prayer for grant of regular bail to the petitioner is hereby rejected in connection with Chhatapur P.S. Case No.291 of 2019. However, the petitioner is directed to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) Nasimul/- U T