Patna High CourtCR. MISC./78809/2024rejected

Dahaur Das v. The State Of Bihar

2025-01-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78809 of 2024 Arising Out of PS. Case No.- Year-0 Thana- District- East Champaran ====================================================== Dahaur Das S/O Late Ganga Das R/O- Jagdishpur P.S- Raghopur DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Raghopur P.S Case No. 189 of 2023 instituted for the offence punishable under Sections 302 and 34 of the I.P.C.

3. As per allegation in the FIR, it is alleged that it is the case of murder of the brother of the informant by the petitioner and other co-accused persons.

4. Learned counsel for the petitioner submits that petitioner has no criminal antecedent except this case. He also submits that petitioner is innocent and he has not committed any

Patna High Court CR. MISC. No.78809 of 2024(2) dt.18-01-2025 2/2 offence. He has been falsely been implicated in this case.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. From perusal of the F.I.R., seizure list, impugned order and case diary, it appears that dead body the deceased recovered from the house of the petitioner and cause of death of the deceased as mentioned in postmortem report is due to asphyxia and fractured in the cartilage of thyroid.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Mayank/- U T