Patna High CourtCR. MISC./43345/2023bail granted

Rajeev Das v. The State Of Bihar

2023-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43345 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- BATH District- Bhagalpur ====================================================== RAJEEV DAS SON OF BABULAL DAS RESIDENT OF VILLAGECHAK NARAYANPUR, PS- SAJOUR, DISTRICT- BAHGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Prasad For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023

1. 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.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bath P.S. Case No. 96 of 2022 dated 10.11.2022 registered for the offence punishable u/s 302, 201, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the informant's son went out from his house and did return. Upon search, the informant found the dead body of his son lying near the Gahra

Patna High Court CR. MISC. No.43345 of 2023(2) dt.25-07-2023 2/3 Nadi Pool and it appeared that he was shot by the bullet. The informant has alleged that the petitioner and the co-accused persons murdered his son. He further has alleged that the wife of the deceased was in illicit relationship with the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is no eye-witness of the alleged occurrence. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 12.7.2023 passed in Cr. Misc. No. 36394 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court

Patna High Court CR. MISC. No.43345 of 2023(2) dt.25-07-2023 3/3 concerned, Bhagalpur in connection with Bath P.S. Case No. 96 of 2022.

8. The application stands allowed.

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