Patna High CourtCR. MISC./54710/2023bail granted

Dharam Das v. The State Of Bihar

2023-08-30Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54710 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- RAJAON District- Banka ====================================================== Dharam Das, Son of Late Surat Lal Das, Resident of Village-Chakhmida, P.S.- Rajoun, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Rajoun P.S. Case No. 145 of 2023 dated 27.03.2023 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent and there are two parts of the FIR and the first part relates to assault allegedly committed with the husband of the informant by co-accused persons namely Dayasagar Kumar, Sugriv Das, Kalawati devi, Ruchi Kumari and Shambhu Das and in that part, the name of this petitioner did not find place and the petitioner's name came in the second part of the FIR and

Patna High Court CR. MISC. No.54710 of 2023(2) dt.30-08-2023 2/2 he was simply named in that part of the alleged occurrence but any specific role of him was not revealed in the FIR. It is further submitted that the petitioner has been languishing in jail since 28.03.2023 and the allegation of causing stab injury to the informant's son is against co-accused Paro Devi and against the petitioner, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioner as well as his fair and clean antecedent and completion of the investigation against him, this Court is inclined to accept the bail prayer of the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Rajoun P.S. Case No. 145 of 2023.

(Shailendra Singh, J) annu/- U T