Dilip Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1222 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== DILIP DAS Son of Late Dinesh Das R/V- Barkagaon, Tole Mathiya, P.sKarja, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

As per prosecution case, informant alleged that his father had business of fishing in partnership with, namely, Dilip Sahni and Shiv Dayal Thakur due to old enmity he was murdered by the accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is submitted that informant's father business was with accused Dilip Sahni not from this petitioner (Dilip Das) and he is not named in the FIR, he has falsely been implicated in this case

Patna High Court CR. MISC. No.1222 of 2023(2) dt.27-03-2023 2/2 merely on the basis of suspicion. Neither the informant nor any eye witnesses were present at the time of alleged occurrence. It is further submitted that similarly situated co-accused Nandu Das has already been granted bail by a coordinate Bench of this Court vide order dated 10.05.2022 passed in Cr. Misc. No. 5342 of 2022. Petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 14.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karja P.S. Case No. 58 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 18th Additional Sessions Judge, Muzaffarpur.

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