Satto Das @ Sattoranjan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14787 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== SATTO DAS @ SATTORANJAN DAS, S/o Santosh Chandra Das, Resident of Village- Refugi Colony, Ward No.3, P.S.- Narpatganj (Basmatiya), DisttAraria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Naushad Uzzoha, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP For the Informant : Mr. Jitendra Narayan, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2020 Heard the parties through the virtual court proceeding. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicted in this case at the instance of his enemies and on mere conjecture and surmises. The petitioner is not named in the FIR, but his name has been surfaced in course of supervision of the S.D.P.O., Forbesganj vide para- 187 of the case diary. It further submits that the allegation is totally false, baseless and absurd and the petitioner was remanded in another case bearing Narpatganj P.S. Case No. 187/2019 on 23.03.2019 and he was granted bail by
Patna High Court CR. MISC. No.14787 of 2020(3) dt.09-09-2020 2/3 the Hon'ble High Court, Patna vide Cr. Misc. No. 37574/19 dated 25.06.2019 and he furnished his bail bond on 03.07.2019 whereas, the alleged occurrence is said to be taken place on 08.05.2019.
Learned APP for the State opposes the prayer for bail petition and submits that the name of the petitioner has been figured in course of supervision note of the S.D.P.O., Forbesganj mentioned para-187 of the case diary regarding his conspiracy in the alleged occurrence or assaulting the father and elder brother of the informant by means of deadly weapons including the fir arms and due to that they sustained injury on their persons and died. The petitioner was in custody since 23.03.2019 before the date of occurrence and released from the jail on 03.07.2019, but the name of the wife of this petitioner namely Renubala Das has also been surfaced in the supervision note of the S.D.P.O., Forbesganj.
In the aforesaid facts and circumstances, there is double murder, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Narpatganj (Basmatiya) P. S. Case No. 281 of 2019 from the Court of learned Chief Judicial Magistrate, Araria.
Patna High Court CR. MISC. No.14787 of 2020(3) dt.09-09-2020 3/3 Accordingly, this application is dismissed.
However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) amitkumar/- U T