Santosh Patel @ Dinesh Patel @ Santosh Kumar Patel @ Dinesh Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29272 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Santosh Patel @ Dinesh Patel @ Santosh Kumar Patel @ Dinesh Kumar Patel son of Nathuni Prasad @ Nathuni Patel R/v- ward no 13 near shiv mandir, Sonsaraiya Ps- Mufassil Dist- West Champaran P/A, W.No-42, VillageSonsaraiya Ps- Muffassil Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vatsal Verma, Adv For the State :

Mr. Jharkhandi Upadhaya, APP For the Informant Mr. Aditya Nath Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner, learned APP for the State and Mr. Aditya Nath Jha, learned counsel for the informant.

2. Counter affidavit has been filed by Mr. Jharkhandi Upadhaya, learned APP for the State.

3. The petitioner seeks bail in connection with Nautan P.S.Case No. 135 of 2023 registered for the offence punishable under Sections 307, 302, 120B, 147 and 149 of the Indian Penal Code.

4 As per the prosecution case, the petitioner is named in the FIR. He is one of the assailant but the deceased

Patna High Court CR. MISC. No.29272 of 2024(7) dt.13-09-2024 2/3 has not named the petitioner in his dying declaration/ statement recorded in the mobile phone.

5. Learned counsel for the petitioner submits that the present I.O and SHO have filed an affidavit to the effect that petitioner is not involved in the crime. Earlier, the petitioner has granted provisional bail also

6. Considering the facts that petitioner has not named by the deceased as the assailant, this application is allowed.

7. Let the above named, petitioner is directed to 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 the learned Additional Sessions Judge-IV, West Champaran, Bettiah in Nautan P.S.Case No. 135 of 2023.

8. The Superintendent of Police , West Champaran is directed to take appropriate steps against the police officials , who had arrested the petitioner without proper investigation and without examining the dying declaration of the deceased which was available on mobile phone.

9. Action taken report shall be submitted by the Superintendent of Police, West Champaran within four weeks from today to this Court.

Patna High Court CR. MISC. No.29272 of 2024(7) dt.13-09-2024 3/3

10. Let a copy of the order be communicated to the Superintendent of Police, West Champaran through FAX/ e-mail for its compliance.

(Sandeep Kumar, J) N.K/- U T