IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5366 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Dipan Kahar @ Deepan Ram @ Deep Narayan Ram Son of Late Bucho Kahar village -Surmaha, ward no 3 ps -Patarghat, Dist- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amarnath Jha, Adv. For the Opposite Party/s : Mr.Anish Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. In the present case, the petitioner seeks bail in connection with Patarghat P.S. Case No. 19 of 2024, registered for the offences under Sections 302/34 of the Indian Penal Code. 3. As per the prosecution case, when the husband of the informant did not return for taking dinner, the informant went to the basa in search of her husband and saw the petitioner and other co-accused persons strangulating her husband with a rope. The occurrence took place in the background of land dispute. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Admittedly, there is land dispute Patna High Court CR. MISC. No.5366 of 2025(4) dt.12-05-2025 2/4 between the parties and for this reason, the petitioner has been falsely implicated in this case. Learned counsel further submits that the statement of the son of the informant was recorded wherein he stated that when her mother returned from basa she told him that some one killed his father and threw the dead body on straws. Similar to the effect is the statement of the brother of the deceased. Merely on suspicion and in the background of land dispute the informant named the petitioner and other co- accused persons for being involved in the killing of her husband. Further some independent witnesses were also examined during investigation and these witnesses have also stated that due to land dispute the petitioner and other co- accused persons have been named in this case. They have also stated that the character of the deceased was not good. Learned counsel further submits that no substantive material has come up against the petitioner to show his involvement in the alleged occurrence. Petitioner is having no criminal antecedent and he is in custody since 24.08.2024. Charge sheet has been submitted. 5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that informant has named the petitioner along with other co-accused persons for being involved in the killing of her Patna High Court CR. MISC. No.5366 of 2025(4) dt.12-05-2025 3/4 husband. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the distinct lack of material against the petitioner and further considering doubtful nature of allegation and also considering clean antecedent of the petitioner, submission of charge sheet and his period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa/concerned court, in connection with Patarghat P.S. Case No. 19 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the Patna High Court CR. MISC. No.5366 of 2025(4) dt.12-05-2025 4/4 petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T