Anil Das @ Anil Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77957 of 2023 Arising Out of PS. Case No.-265 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Anil Das @ Anil Kumar Das S/O Jageshwar Das @ Jageshwar Prasad Resident Of Village - Gangauliya Bahilwara, P.S. - Saraiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the State :

Mr.Dr. Indiwar Kumari For the Informant/s :

Mr. Hemant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in connection with Saraiya P.S. Case No. 265 of 2022 instituted for the offence under Sections 447, 341, 323, 307, 354, 504, 302 34 of the Indian Penal Code.

3. As per allegation in the FIR, it is alleged that at night of 21.4.2022, the accused persons including the petitioner entered into the house of the informant and attempted to kidnap his daughter, on hulla, the informant and other reached there. Thereafter, co-accused Dilip Das inflicted danda blow, causing injury on the head of the son of the informant Dhiraj Kumar and this petitioner pierced screw-driver near his eye as a result of

Patna High Court CR. MISC. No.77957 of 2023(3) dt.16-01-2024 2/3 which informant's son sustained injury and died during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case. The FIR was lodged after eleven days of the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 28.7.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to pierce screw-driver near eye of informant's son Dhiraj Kumar due to which he sustained injury and died during course of treatment. While Dhiraj Kumar was in injured condition, his statement was also recorded vide para 20 of the case diary in which he made direct allegation against the petitioner to pierce screw-driver near his eyes. Other witnesses of this case have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer

Patna High Court CR. MISC. No.77957 of 2023(3) dt.16-01-2024 3/3 for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T