Dilip Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25683 of 2022 Arising Out of PS. Case No.-113 Year-2008 Thana- SINGHWARA District- Darbhanga ====================================================== DILIP KAHAR S/o Late Chalitar Kahar Resident of Village- Singhwara, P.S.- Singhwara, Dist- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan Baidya Nath Prasad For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 read with 34 of the Indian Penal Code.

As per the prosecution case, one Satrughan Bhagat came to the house of Sitaram Jha @ Ravindra Nath Jha (Registrar Sahab) to give milk but he saw blood stains on his door and on calls nobody responded. On information, the informant along with others went there and entered the house

Patna High Court CR. MISC. No.25683 of 2022(2) dt.30-08-2022 2/3 and saw that Sitaram Jha and his wife Kalpna Jha were dead. Accordingly the F.I.R was lodged against the unknown miscreants.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of coaccused Sambhu Kahar and Kharha Sahni. The petitioner is not named in the F.I.R . The other co-accused person has already been granted bail vide order dated 09.07.2010 passed in Criminal Misc. No. 22674 of 2010 by the Co-ordinate Bench. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 23.02.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the case is of the year 2008.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 7th Darbhanga,

Patna High Court CR. MISC. No.25683 of 2022(2) dt.30-08-2022 3/3 in connection with Singhwara P.S. Case No. 113 of 2008, with a condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T