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Patna High CourtCR. MISC./30654/2023allowed

Kishan Das v. The State Of Bihar

2023-06-14Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30654 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kishan Das Son Of Raj Kumar Ram Resident Of Village- Nunfar Katra Mohalla, Ps- Hajipur Town, Distt- Vaishali ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 270 of 2022 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. As per prosecution case, the allegation against the petitioner is that he alongwith other co-accused persons had caught hold the victim and co-accused Lakhan Kumar stabbed the victim with knife and in course of treatment the victim (Dhiraj Kumar) died in hospital.

Learned counsel for the petitioner submits that the allegation against the petitioner is general and omnibus in nature. The petitioner is quite innocent and has falsely been implicated in this case. Further he has submitted that petitioner

Patna High Court CR. MISC. No.30654 of 2023(2) dt.14-06-2023 2/2 was a passer by and when he saw the deceased in injured condition besides the road, he informed the police and with the help of police he took the deceased to the Sadar Hospital for treatment but he has been made accused in this case. Petitioner has no criminal antecedent and is in jail custody since 02.04.2022.

Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 Chief Judicial Magistrate, Hajipur at Vaishali in connection with Hajipur Town P.S. Case No. - 270 of 2022.

(Sunil Dutta Mishra, J) ashutosh/- U T