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Patna High CourtCR. MISC./28201/2019bail granted

Bihari Das v. The State Of Bihar

2019-05-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28201 of 2019 Arising Out of PS. Case No.-1031 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Bihari Das Son of Late Karpuri Das @ Dhalai Das Resident of Mohalla - Sardar Tola, Ward No. 05, P.S. - Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304/34 of the Indian Penal Code.

Prosecution case in brief is that in the backdrop of illicit relationship, Bihari Das pushed down Dhalai Das, who fell down sustaining severe hurt and during course of medical treatment, Dhalai Das died.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-09-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case due to family dispute. The

Patna High Court CR. MISC. No.28201 of 2019(3) dt.14-05-2019 2/2 allegation, made in the FIR is denied by the petitioner. The date and time of occurrence has not been indicated in the FIR. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J.-Ist, Saharsa in connection with Saharsa P.S. Case No. 1031of 2018 corresponding to Sessions Trial No. 22 of 2019. (Sudhir Singh, J) A.K.V.//- U T