Manoj Kumar Das @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26936 of 2020 Arising Out of PS. Case No.-202 Year-2019 Thana- KURSAILA District- Katihar ====================================================== 1.

Manoj Kumar Das @ Manoj Kumar, male, aged about 33 years. 2.

Gulesh Kumar @ Gultesh Kumar @ Brajesh Kumar, male, aged abut 30 years.

Both are Sons of Yadunandan Das, Resident of Village - Chaper Diara, P.S. - Rangra O.P., District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-10-2020 Heard Mr. Abhay Kumar Singh, learned counsel for the petitioners and learned APP for the State. The petitioners seek bail in connection with Kursela P.S. Case No. 202 of 2019, dated 18.11.2019, instituted for the offences under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. The brother of the informant was found dead. The

Patna High Court CR. MISC. No.26936 of 2020(2) dt.19-10-2020 2/3 informant suspected the hands of Parsuram Das, Sabnam Devi, Priti Kumari, Laddu Kumar Das and the wife of Laddu Kumar Das because in the past, there was some scuffle between them and the deceased with respect to passage of land.

The petitioners have not been named in the F.I.R. nor is there any statement regarding their involvement in the case. In the further statement of the informant also, the names of the petitioners do not figure. However, during the supervision note of the S.D.P.O., an evidence came that the sons of Yadunandan Das including the petitioners have definite motive to kill the deceased. The motive is stated to be an accommodation loan given by the deceased to Nakul Das, one of the brothers of the petitioners, who had promised to return the same within a week, but the money was not returned. It was only to misappropriate the aforesaid amount that the deceased is suspected to have been killed by the four sons of Yadunandan Das including the petitioners.

The two of the brothers of the petitioners have

Patna High Court CR. MISC. No.26936 of 2020(2) dt.19-10-2020 3/3 been granted bail by the learned Court below. The petitioners have clean antecedents and are in custody since 18.02.2020.

Regard being had to the vague and suspicious nature of accusation against the petitioners, they are directed to be released on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 202 of 2019.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T