Patna High CourtCR. MISC./16697/2020bail granted

Dhaneshwar Bhagat v. The State Of Bihar

2020-06-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16697 of 2020 Arising Out of PS. Case No.-292 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Dhaneshwar Bhagat, S/o- Chilman Bhagat @ Chiraman Bhagat Resident of Village- Hardiya, P.S.- Turkauliya (Raghunathpur), District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2020 Heard Mr. Bal Govind Sharma, learned Advocate for the petitioner and APP for the State. The petitioner, who is in custody since 06.01.2020 and is a person of clean antecedent, seeks bail in connection with Turkauliya P.S. Case No. 292 of 2019 dated 15.05.2019 instituted for the offences under Section 302, 201, 120B and 34 of the Indian Penal Code.

It appears that the brother of the deceased was killed for the purposes of appropriating the money which he was carrying for purchase of a Bolero vehicle. Though the petitioner has been named in the FIR, but the accusation is only on the basis of suspicion. It has further been submitted that the deceased had become traceless on 07.04.2019, but the FIR was

Patna High Court CR. MISC. No.16697 of 2020(2) dt.03-06-2020 2/2 lodged after about a month on 15.05.2019 without there being any reasonable explanation for such inordinate delay.

Considering the fact that there was complete paucity of evidence, some of the named accused persons of this case viz. Akhilesh Kumar, Kishun Bhagat and Bindu Devi (wife of the deceased) have been granted bail by a bench of this Court on 23.10.2019 vide Cr. Misc. No. 66019 of 2019.

Considering the aforestated facts, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Turkauliya P.S. Case No. 292 of 2019. (Ashutosh Kumar, J) krishna/- U T