Daroga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15203 of 2020 Arising Out of PS. Case No.-343 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== DAROGA RAI Son of Late Gopal Prasad Resident of Village - Saran, P.S.- Makhdumpur, Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

:

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Makhdumpur (Tehta) P.S. Case No. 343 of 2019 for the offenses under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned senior counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the occurrence took place on 30.07.2019 at 6 P.M. and the F.I.R. has been instituted after conduction of Post Mortem on 31.07.2019. Moreover, the Post Mortem Report does not corroborate with the allegation leveled in the F.I.R. It is further submitted that the there was admitted land dispute between the

Patna High Court CR. MISC. No.15203 of 2020(3) dt.15-06-2020 2/2 parties and on account of the same, this false case has been lodged against the petitioner. The Petitioner is in custody since 23.12.2019.

Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing personal bond to the satisfaction of learned S.D.J.M., Jehanabad in connection with Makhdumpur (Tehta) P.S. Case No. 343 of 2019.

(Arvind Srivastava, J) brajesh/- U T