Raju Singh @ Raj Kumar Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 11880 of 2023 Arising Out of PS. Case No.-165 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== RAJU SINGH @ RAJ KUMAR NIRALA Son of Subhit Singh Resident of Mohalla - Asiyachak Navintola, P.S.- Sultanganj, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Pallavi Pandey For the Opposite Party/s :
Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code pending in the learned court below.
As per the prosecution case, all the accused persons committed the murder of the brother of the informant by pressing the neck.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the main allegation of committing murder is on Mithilesh Kumar and Rakesh Kumar Bind. He submits that there is no specific overt act against the petitioner.
Patna High Court CR. MISC. No. 11880 of 2023(2) dt.27-04-2023 2/2 He further submits that there is delay of one day in filing of the present FIR despite the informant admittedly knowing about the conspiracy. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sultanganj P.S. Case No.165/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T