Patna High CourtCR. MISC./42989/2023rejected

Nagina Das v. The State Of Bihar

2023-09-22Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42989 of 2023 Arising Out of PS. Case No.-245 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== NAGINA DAS SON OF LATE DEVAN DAS VILLAGE DIWAN TOK, PSGANGA BRIDGE, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-09-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 16.12.2022 seeks bail, in connection with Ganga Bridge P.S. Case No.245/2021, dated 06.11.2021, for the offences punishable under Sections 326, 302, 504, 506, 34 of the IPC.

3. According to prosecution case, the petitioner took out sharp edged knife and his son Sujit Das caught the son of the informant and attacked several times by knife on the son of the informant, who died in course of treatment.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous land dispute between the parties. He further submits that the petitioner has not committed any offence as alleged in the F.I.R. and

Patna High Court CR. MISC. No.42989 of 2023(4) dt.22-09-2023 2/2 he has been implicated in the present case only to harass the petitioner.

5. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand have vehemently opposed the prayer for bail of the petitioner and submits that as per allegation in the F.I.R., co-accused Sujit Das has caught hold the son of the informant and the petitioner has inflicted sharp edged knife blow on the son of the informant and there is direct and specific allegation against the petitioner that he has inflicted knife blow upon the son of the informant and the postmortem report of the son of the informant also supports the allegation as alleged in the F.I.R. Apart from that the petitioner has carried one criminal antecedent other than the present one.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Ganga Bridge P.S. Case No.245/2021, pending in the Court of learned C.J.M., Vaishali at Hajipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T