Patna High CourtCR. MISC./71376/2023bail granted

Virendra Das @ Birendra Das @ Birendra Rai v. The State Of Bihar

2023-11-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71376 of 2023 Arising Out of PS. Case No.-188 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== VIRENDRA DAS @ BIRENDRA DAS @ BIRENDRA RAI SON OF LATE SURAJ RAI @ SATYADEO DAS RESIDENT OF VILLAGE - MADHOPUR HAZARI, POLICE STATION - SAHEBGANJ, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Kumar Chaubey For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 11.05.2023 in connection with Sahebganj P.S. Case No. 188/2023 registered for the offence punishable under Sections 302/341/342/323/354/ 504/506/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and others are said to have assaulted the deceased with Farsa.

4. Learned counsel for the petitioner submits that from the postmortem report, the entire prosecution case is falsified as the deceased has sustained only one injury that too by hard and blunt substance. He next submits that the dispute is

Patna High Court CR. MISC. No.71376 of 2023(2) dt.07-11-2023 2/2 with regard to some land of the Math and because of the same, the petitioner has been falsely implicated in this case. The petitioner has no criminal antecedents.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and also the fact that no farsa injury has been found in the postmortem report, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, West, Muzaffarpur, in connection with Sahebganj P.S. Case No. 188/2023. (Sandeep Kumar, J) Saif/- U T