Rajesh Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22777 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Rajesh Kumar Das SON OF LATE BHAGIRATH DAS RESIDENT OF VILLAGE- BHAWANIPUR, PS- BHAWANIPUR, NARAINPUR, DISTTBHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2024 Heard the learned senior counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 302/34 of the Indian Penal Code, registered in connection with Parbatta P.S.Case No. 272 of 2023.
3. As per the prosecution case, the dead body of Gulshan Kumar was found hanging in his room. The informant, who is the brother of the deceased, has stated that in the morning of 17.06.2024, at about 5.00 a.m., when the door of the room was opened, it was found that the dead-body of his brother was hanging by a plastic rope. The informant expressed his firm belief that the accused persons, namely, Gaurav Kumar, Sanjay
Patna High Court CR. MISC. No.22777 of 2024(3) dt.04-07-2024 2/3 Das, Ajay Das, Umesh Ravidas, Jaiprakash Das and Rajesh Kumar Das committed the murder of his brother by strangulation. It has also been mentioned in the FIR that the deceased was in love with the sister of co-accused Gaurav Kumar and he wanted to marry Sanjana Kumari.
4. The learned counsel for the petitioner has submitted that except suspicion, there is nothing against the petitioner connecting him with the alleged occurrence. The further submission of the learned counsel is that the independent witnesses in para-34 to 36 have stated that the case was lodged on the basis of suspicion.
5. On the other hand, the learned APP for the State has opposed the prayer for bail.
6. It appears that this case was lodged only on the basis of suspicion and except suspicion, there is no material against the petitioner.
7. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Khagaria in connection with Parbatta P.S.Case No. 272 of 2023, subject to the condition that the petitioner shall cooperate in the
Patna High Court CR. MISC. No.22777 of 2024(3) dt.04-07-2024 3/3 disposal of trial and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) HR/- U T