Prabhuwan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61928 of 2024 Arising Out of PS. Case No.-126 Year-2024 Thana- KESARIA District- East Champaran ====================================================== 1.
Prabhuwan Das Son Of Late Sukdeo Das Resident Of Village- Sobaiya PsKesariya District- East Champaran 2.
Chandramohan Das @ Chandra Mohan Kumar@ Ajay Das Son Of Prabhuwan Das Resident Of Village- Sobaiya Ps- Kesariya District- East Champaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Kundan Rathore For the Opposite Party :
Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Kesariya P.S. Case No. 126/2024 dated 27.04.2024 registered for the offence punishable u/s 302, 201 and 120B of the Indian Penal Code.
3. As per the prosecution case, on 27.04.2024, the informant, Abdul Kadir, who is chowkidar of Bijdhari O.P., was on duty. At about 8:30 AM he got an information that a dead body of a woman, kept in a bag was found near Sattarghat, 13 piller bridge.
Patna High Court CR. MISC. No.61928 of 2024(3) dt.19-09-2024 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the F.I.R, the name of the petitioners have sprung up during the course of investigation. The petitioners are father and brother of the deceased. As per para. 53 of the case diary, Prabhuvan Das (the petitioner no. 1) confessed that he along with the petitioner no. 2 and other co-accused persons concealed the dead body. Learned counsel has submitted that the act of the petitioners comes under the offence u/s 201 of the I.P.C. The other co-accused person has already been granted bail by this court vide order dated 19.08.2024 passed in Cr. Misc. No. 53599/2024. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 07.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.61928 of 2024(3) dt.19-09-2024 3/3 learned Court concerned, East Champaran, Motihari, in connection with Kesariya P.S. Case No. 126/2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T