Dinesh Das @ Denesh Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 89546 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- KORHA District- Katihar ====================================================== Dinesh Das @ Denesh Das Son of Late Faudar Das Resident of VillagePhulwariya Ward No 04, PS- Korha, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimal Kumar, Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Korha P.S. Case No. 255 of 2024 dated 19.09.2024 registered for the offences under Sections 126(2), 127(2), 115(2), 117(2), 109, 103, 352 and 3(5) of Bhartiya Nyaya Sanhita.
3. As per the FIR, five named accused persons along with 20-25 unknown persons are said to have assaulted three persons who were apprehended on the allegation of committing theft. It is further alleged that due to the assault by all the named and unknown persons, the husband of the informant namely, Punchlal Rishi died due to the injuries inflicted upon him. The informant alleged that accused Sulekha Devi, Dinesh Das, Neeraj Kumar, Sagar Das and 20-25 unknown persons all have
Patna High Court CR. MISC. No. 89546 of 2024(3) dt.11-04-2025 2/3 assaulted her husband which led to the death of her husband.
4. Learned counsel for the petitioner submits that the petitioner who happens to be the local Sarpanch have falsely been implicated in this case. He has not committed any offence as alleged and he is in custody since 20.09.2024. He further submits that there is general and omnibus allegation against all the accused persons who have assaulted the three persons resulting in the death of the husband of the informant.
5. The learned Additional Public Prosecutor for the State opposes the prayer for bail and states that the petitioner is named in the FIR along with four others and was instrumental in carrying out the assault which led to the death of the husband of the informant.
6. Considering the aforesaid facts and circumstances of the case and taking into account the fact that the named accused persons namely, Sulekha Devi has been granted bail vide order dated 06.03.2025 in Cr. Misc. No. 8283 of 2025 and Neeraj Kumar who is similarly situated to the petitioner has been granted bail vide order dated 07.03.2025 in Cr. Misc. No. 12188 of 2025, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No. 89546 of 2024(3) dt.11-04-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 255 of 2024. (Sourendra Pandey, J) Prakash/- U