Ashok Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64624 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- GURARU District- Gaya ====================================================== ASHOK DAS S/O SURYADEO DAS @ SURYADEV RAM R/o villageVishambharpur, P.S.- Kasma, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukul Kumari For the Opposite Party/s :
Mr.Pramod Kumar Pandey Mr. Kunal Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-04-2022 Heard learned counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 201/34 of the Indian Penal Code.
As per the prosecution case, this petitioner is alleged to have taken the deceased with him and later on dead body of deceased was found with his throat cut by knife in an Alto car. Learned counsel appearing for the petitioner submits that petitioner is innocent and has been implicated in the case only on suspicion. It is submitted that save and except suspicion there is no tangible evidence to show the involvement of this petitioner in the aforesaid crime. The dead body was recovered
Patna High Court CR. MISC. No.64624 of 2021(4) dt.25-04-2022 2/2 from a car and petitioner was not present there. Only material that has come against this petitioner during the course of investigation that petitioner had illicit relation with the wife of deceased. Petitioner claims clean antecedent and is in custody since 15.01.2021 and investigation in this case is complete. Learned counsel appearing for the State and the informant vehemently opposed the prayer for bail and submitted that during the course of investigation daughter of the deceased in paragraph 52 of the case diary has stated that this petitioner along with her mother committed the murder of her father. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) BKS/- U T