Patna High CourtCR. MISC./52989/2023dismissed

Sinod Das v. The State Of Bihar

2023-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52989 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Sinod Das S/O- Laxman Das Village- Damani Ward No-3, Ps- Belsand DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is no specific overt act against the petitioner rather allegation levelled against him is general and omnibus. He submits that as per postmortem report, the cause of death of deceased was due to asphyxia leading to CR failure. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.52989 of 2023(3) dt.31-08-2023 2/2

5. Learned APP for the State and learned counsel for the informant opposing the prayer for bail submit that the elder son of the informant is the eye witness of the occurrence.

6. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Belsand P.S. Case No. 69 of 2023.

(Anjani Kumar Sharan, J) devendra/- U T