Dilip Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20494 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- ASHOK PAPER MILL District- Darbhanga ====================================================== 1.

DILIP DAS S/o Late Chandeshwar Das 2.

Sunil Das S/o Dilip Das, Both are resident of Village-Basaha, P.S.-A.P.M (Ashok Paper Mill), District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-09-2020 The defect as pointed out by the office is ignored. Heard learned counsel appearing for petitioners as well as learned Additional Public Prosecutor Sri Bharat Lal appearing for State through video conferencing. The fardbeyan of informant as well as statement of prosecution witnesses go to show that deceased left his house on 01.01.2020 on telephonic call of petitioner no.1 but, in the morning of 02.01.2020 informant got information that petitioner no.1 had brought the deceased to the clinic of one Dr. Bhaskar. However, having got the information the informant and other

Patna High Court CR. MISC. No.20494 of 2020(3) dt.28-09-2020 2/3 went to the clinic of Dr. Bhaskar where they found dead body of deceased. The postmortem of deceased goes to show that one lacerated wound 1/2"x1/4"x1/8" was found on mid forehead of the deceased. Furthermore, alcoholic smell was found in the stomach of the deceased. The cause of death was haemorrhage, compression and shock.

Learned counsel appearing for petitioners submit that the relation of petitioner no.1 with deceased was very cordial and, as a matter of fact, on the eve of 1st January petitioners invited the deceased to celebrate the new year but, unfortunately deceased met an accident and sustained injury on his forehead. He further submits that petitioner no.1 immediately took the deceased to the clinic of Dr. Bhaskar but, unfortunately the deceased could not be saved.

Admittedly, none had seen the actual killing of the deceased and except the aforesaid facts, there appears to be nothing in the case diary. Moreover, petitioners are in jail custody since 04.01.2020 and the investigation against them has already been completed.

Considering the aforesaid facts and circumstances of the parties,let petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the

Patna High Court CR. MISC. No.20494 of 2020(3) dt.28-09-2020 3/3 like amount each to the satisfaction of learned A.C.J.M., Vth, Darbhanga in connection with Ashok Paper Mill (A.P.M.) P.S. Case No.01/2020.

(Hemant Kumar Srivastava, J) Prakash Narayan /- U T