Jateshar Das @ Jateshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32997 of 2024 Arising Out of PS. Case No.-450 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Jateshar Das @ Jateshwar Das S/o Late Jagdawan Das R/o vill - Darmaha Tola, Bishambhara Pur, P.S. - Kesariya, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Balgovind Sharma, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Kesariya P.S. Case No. 450 of 2023, dated 07.09.2023, registered for the offence(s) punishable under Section(s) 302/34 of the Indian Penal Code.

3. Mr. Balgovind Sharma, learned counsel for the petitioner submits that though the petitioner is named in the FIR but against him there is no specific allegation, the informant's father is said to have sustained head injuries in the alleged occurrence and finally he succumbed to his injuries but on his body only two injuries one being swelling on left side of head and second a bruise on right temporal area of head were found by the doctor concerned and as per the postmortem report the head injury of the deceased was opined to be the cause of his

Patna High Court CR. MISC. No.32997 of 2024(3) dt.26-07-2024 2/2 death and as per FIR, the said head injury is specifically attributed to the co-accused Narendra Kumar. It is further submitted that the petitioner is 62 years old having fair and clean antecedent and has been languishing in jail since 01.02.2024 and against him the investigation has been completed.

4. Mr. Anuj Kumar Shrivastava, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Having regard to the above submissions and mainly considering the nature of allegation appearing against the petitioner from the FIR and his old age as well as fair and clean antecedent and also, coupled with the completion of investigation against him, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail in connection with Kesariya P.S. Case No. 450 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

Rajiv/- (Shailendra Singh, J) U T