Patna High CourtCR. MISC./41306/2024rejected

Sanjay Das v. The State Of Bihar

2024-08-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41306 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- RAGHOPUR District- Vaishali ====================================================== Sanjay Das Son of Bhola Das Resident of Village- Jagdispur, Police StationRaghopur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekher, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Raghopur Police Station Case No. 189 of 2023 registered for the offence under Section 302/34 of the IPC.

3. As per allegation in the FIR, the younger brother of the informant went missing from 11.08.2023 and the dead body of the younger brother of the informant was found on the next day in the courtyard and on suspicion, accused persons were named in the FIR for committing the murder of the deceased.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner has no criminal antecedent as stated in paragraph 3 of the bail application.

Patna High Court CR. MISC. No.41306 of 2024(3) dt.23-08-2024 2/2

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR, post mortem report and impugned order dated 20.01.2024, it appears that cause of death is due to suffocation and it also appears that the petitioner is named in the FIR and this case relates to for an offence punishable under Section 302 of the IPC, so considering the serious allegation levelled against the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T