Raj Kishor Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28904 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== RAJ KISHOR DAS Son of Late Anand Das Resident of Village - Balua Tola, P.S. - Jaynagar, District - Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-12-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, six named accused persons are stated to have brutally assaulted the father of the informant and on the informant going to his rescue, it is stated that he was also assaulted.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The same would be evident from the contents of the post-mortem report (Annexure-3) which does not support the allegations in the F.I.R.. Against the indiscriminate assault by six persons on the father of the informant, the post-mortem report reflects a

Patna High Court CR. MISC. No.28904 of 2021(2) dt.08-12-2021 2/2 single injury. Further referring to the seizure list, it is submitted that while the seizure list was prepared by the authorities concerned on 17.7.2020 at 7.45 p.m., the written statement was given on 18.7.2020 but surprisingly the information is received in the police station only on 22.7.2020. The petitioner is in custody since 23.2.2021 and has no criminal antecedent. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the petitioner having remained in custody for 9 months and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Jaynagar P.S. Case no.255 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Madhubani. (Partha Sarthy, J) Saurabh/- U T