Raghu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4121 of 2020 Arising Out of PS. Case No.-727 Year-2017 Thana- BANKA District- Banka ====================================================== RAGHU DAS Son of Suraj Das @ Suran Harijan Resident of Village - Domuhan, P.S.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-11-2021 It is submitted by learned APP for the State that in compliance of the directions contained in order dated 22.10.2021 the Investigating Officer of the case is present in Court along with the case diary.

Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that the accused persons assaulted the father of the informant. It is further stated that the accused with the assistance of the petitioner, Shiv Charan Das and Shankar Das strangulated the father of the informant with the stick leading to his death. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.4121 of 2020(8) dt.15-11-2021 2/2 that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. Even from perusal of the F.I.R. it would transpire that the offence had been committed by some other accused with the alleged assistance of the petitioner and two others. The petitioner is in custody since 25.9.2019 and has no criminal antecedent.

The prayer for bail is opposed by learned A.P.P. for the State who submits that the allegations in the F.I.R. are supported by the contents of the postmortem report. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner being in custody since 25.9.2019, the Court directs the petitioner to be enlarged on bail in connection with Banka P.S. Case no. 727 of 2017 (G.R. No.3558 of 2017) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Bibhash U