Patna High Court - Orders
Dhabru Roy vs The State Of Bihar on 24 August, 2021
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13286 of 2021
Arising Out of PS. Case No.-191 Year-2020 Thana- PRANPUR District- Katihar
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Dhabru Roy, Age-40 years, Male, S/o Late Narayan Roy, R/o Barjhalla
Mushahri, P.S. - Pranpur, Distt. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
3 24-08-2021Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B and 34 of the Indian Penal Code.
The allegation against the petitioner is that he along with other named accused persons killed the son of the informant.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that there is no eye witness of the occurrence and only on the basis of suspicion, the petitioner is made accused. The petitioner is in custody since 16.10.2020. The Patna High Court CR. MISC. No.13286 of 2021(3) dt.24-08-2021 2/2 petitioner has got one criminal antecedent being Pranpur P.S. Case No.165 of 2020, registered under Sections 341, 323, 354, 379, 437, 504 and 506/34 of the Indian Penal Code.
Learned APP opposed the prayer for bail of the petitioner submitting that the petitioner is named accused in the FIR and there is specific allegation against the petitioner.
Perused the records and the case diary. It appears from perusal of the postmortem report that the cause of death is asphyxia and shock on account of drowning in water. There is no internal or external injury mentioned in the postmortem report.
In the aforesaid facts and circumstances of the case, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Pranpur P.S. Case No.191 of 2020.
(Anjani Kumar Sharan, J) S.KUMAR/-
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