Arjun Das @ Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26194 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- MUSRIGHRARI District- Samastipur ====================================================== Arjun Das @ Kariya, S/O Sitaram Das, R/O Village- Bakhari Bujurg, P.SMusrigharari, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Musarigharari P.S Case No. 97 of 2021 dated 08.08.2021 registered for the offences punishable u/ss 302/120B of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have killed the husband of the informant under conspiracy.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.26194 of 2023(2) dt.24-05-2023 2/3 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. He has further submitted that there is no eye witness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has already been submitted in this case. As per impugned order, the petitioner has got 12 other criminal antecedents. The petitioner is in custody since 11.05.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus against the petitioner, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Musrigharari P.S. Case No. 97 of 2021 with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every

Patna High Court CR. MISC. No.26194 of 2023(2) dt.24-05-2023 3/3 date, failing which on two consecutive dates without reasonable cause, his bail bonds is liable to be cancelled.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T