Patna High CourtCR. MISC./86553/2024bail granted

Nandan Sada @ Nandan Kumar v. The State Of Bihar

2025-05-08Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86553 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Nandan Sada @ Nandan Kumar, Son of Khattar Sada, R/o Village - Ganpatganj, Ward No.- 2, P.S.- Raghopur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Raghopur P.S. Case No. 149 of 2024 dated 05.05.2024 instituted for the offence punishable under Sections 341, 323, 325, 302, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence, the petitioner along with other accused persons started abusing the brother of the informant. Upon protest made by his brother, they brutally assaulted him by means of lathi-danda, rod, fists etc, due to which he sustained grievous injury. After two days, i.e. on 05.05.2024, he succumbed to the injuries.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.86553 of 2024(4) dt.08-05-2025 2/3 petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that F.I.R. has been lodged on 05.05.2024 against five persons that they assaulted the deceased on 03.05.2024. Postmortem of the deceased was conducted on 05.05.2024. F.I.R. has been lodged after the post-mortem of the deceased. Post-mortem report shows that there was no external injuries on the body of the deceased. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner rather allegation against him is general and omnibus. There is no eye witness to the occurrence. Only two non-official witness have been examined during the investigation. Lastly, it has been submitted that the petitioner is in custody since 06.05.2024 having no criminal antecedents. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District &

Patna High Court CR. MISC. No.86553 of 2024(4) dt.08-05-2025 3/3 Sessions Judge- IIIrd, Supaul in connection with Sessions Trial No. 247 of 2024 arising out of Raghopur P.S. Case No. 149 of 2024.

(Khatim Reza, J) premchand/- U T