Kalanand Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63900 of 2021 Arising Out of PS. Case No.-207 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== Kalanand Das Son Of Late Moti Das Resident Of Village - Dumariya, Ward No.- 7, P.S.- Narpatganj, District - Araria (Bihar). ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha For the Opposite Party/s :

Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 302, 201, 120(B), 379/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.08.2021, charge-sheet has been submitted in the case and has antecedent of one case. The learned counsel for the petitioner submits that the informant alleges that his son on 05.05.2021 left his house saying that he is going to Chakardaha, but went to attend a marriage ceremony, but did not return till late night. Hence, a search was made, but the deceased was not found. In the morning, the dead body of the deceased was recovered. Thus,

Patna High Court CR. MISC. No.63900 of 2021(2) dt.30-03-2022 2/3 the informant alleges that the named accused persons including the petitioner killed his son as he was threatened earlier by the accused persons. Further that accused Ganesh Yadav was the friend of the deceased, but after his death he stopped coming to the house of the informant. Also that a phone call had come on the mobile of the deceased, which was received by the informant and the caller threatened that the deceased was developing intimacy with his wife.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is submitted that from perusal of the F.I.R., it would manifest that the informant alleges that Kalanand Das (petitioner) is his neighbor when Kalanand Das is own brother of the informant, but this relationship has been concealed in the F.I.R. It is further submitted that the petitioner had lodged Narpatganj P. S. Case No.496 of 2020 against the informant, as such, the petitioner has been implicated in the present case based on suspicion and also by concealing the relationship, moreso, when informant is not an eye witness to the occurrence.

The learned counsel for the petitioner further submits that co-accused Ramesh Mandal @ Ramesh Manal and Krishna Mandal have been granted bail by order dated 10.03.2022 in Cr.

Patna High Court CR. MISC. No.63900 of 2021(2) dt.30-03-2022 3/3 Misc. No.59595 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 04.08.2021, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Narpatganj P. S. Case No.207 o 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T