Sujit Kumar @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4098 of 2022 Arising Out of PS. Case No.-756 Year-2021 Thana- FATUA District- Patna ====================================================== 1.

SUJIT KUMAR @ SUMIT KUMAR Son of Sushil Kumar Resident of Daniawan, P.S. - Daniawan, District - Patna.

2.

Ajit Kumar @ Amit Kumar Son of Dilip Kumar Singh Resident of Daniawan, P.S. - Daniawan, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

As per FIR, the deceased died due to electrocution. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is no direct material to prove the allegation against the petitioners. During investigation, independent witnesses, vide para-34 and 35 of the case diary, asserted that the deceased died due to electrocution near the

Patna High Court CR. MISC. No.4098 of 2022(3) dt.25-07-2022 2/2 hand pump and there is no clue to show the complicity of the petitioners. Vide para 41 of the postmortem report, doctor opined that the cause of death was not ascertained and the viscera was preserved. From perusal of the FSL report, it appears that no metallic, Alkaloidal, Glycosidal, Pesticidal or Volatile poison could be detected in the contents of glass jar. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Patna City in connection with Fatuha P.S. Case No. 756 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T