Patna High CourtCR. MISC./47524/2024transfer lower court

Samal Das @ Subol Das v. The State Of Bihar

2024-12-11Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47524 of 2024 Arising Out of PS. Case No.-248 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== Samal Das @ Subol Das Son of Jadu Das @ Jaddu Das Resident of VillRaipur @ Ward No. -12 Kauria Raipur, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-12-2024 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner seeks bail in connection with Nanpur P.S. Case No. 248/2023 instituted for the offences punishable under Section 302/34 of the Indian Penal code.

3. As per the prosecution case, F.I.R. has been lodged against six named accused persons against whom there is an allegation that they have brutally assaulted the son of the informant by means of lathi , Danda and rod which resulted into his death.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that he has clean antecedent. He further submits that

Patna High Court CR. MISC. No.47524 of 2024(4) dt.11-12-2024 2/2 petitioner is not named in the F.I.R. whereas mistakenly his brother Vikram Das son of Jaddu Das has been named.

5. Learned counsel for the State opposes the prayer for bail of the petitioner.

6. From perusal of the F.I.R., and paragraph 33 of the case diary it appears that mistakenly name of the petitioner's has not been inserted whereas in his place name of his brother Vikram Das has been inserted.

7. Considering the aforesaid facts and circumstances of the case and the serious allegations levelled against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. However, the bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U