Anant Kumar @ Anshu @ Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12652 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Anant Kumar @ Anshu @ Anand Kumar S/O Bhavesh Kumar Singh Resident Of Village- Gonawan, P.S- Harnaut, Distrcit- Nalanda (BIHAR) At PresentR/O Village- Karisowa, P.S- Wazirganj, Distt.- Gaya. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pratik For the State :
Mr. Sanjay Kumar Pandey For the Informant :
Mr. Amar Nath Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in Wazirganj P.S. Case No. 27 of 2023 registered for the offences punishable under Section 363 of the Indian Penal Code later on Section 304 was added.
3. As per the prosecution case, the son of the informant went with his friends but he did not return to his home for two days and all his friends stated different versions regarding the whereabouts of her son.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not
Patna High Court CR. MISC. No.12652 of 2024(3) dt.12-07-2024 2/3 specific rather general and omnibus in nature. He submits that the deceased was over drunken and fell in the well at the time of running away from the place of quarrel. He fairly submits that anticipatory bail of some of co-accused have been rejected by this Court vide order dated 18.09.2023 and 29.01.2024 passed in Cr. Misc. No. 33211 of 2023 and Cr. Misc. No. 37180 of 2023 respectively. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submitted that, in the investigation, it was found that son of the informant had a fight with his friends and the petitioner along with other accused persons had murdered the son of the informant and thrown his body in the well, which was later on recovered.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the
Patna High Court CR. MISC. No.12652 of 2024(3) dt.12-07-2024 3/3 same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent and other co-accused persons have been granted regular bail by this Court as well as learned Court below. (Anjani Kumar Sharan, J) anand/- U T