Anubhuti Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7681 of 2022 Arising Out of PS. Case No.-723 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Anubhuti Srivastava Son Of Late Rajendra Prasad R/O - Flat No. 407b, Aparna Mansion, Tilak Nagar, Bailey Road, Rukanpura, P.S.- Rupaspur, District- Patna (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Senior Advocate :

Mr. Saket Tiwary, Advocate :

Mr. Saket Gupta, Advocate For the APP :

Mr. Dinesh Singh, APP For the O.P. No.2 :

Mr. Rajesh Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 328, 307 and 120B of the Indian Penal Code.

The prosecution case as alleged in the FIR is that the petitioner has administrated poison by way of offering lemonade laced with poison to the informant with intention to kill him.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has not offered any lemonade mixed with

Patna High Court CR. MISC. No.7681 of 2022(2) dt.04-04-2022 2/2 poison to the informant.

From perusal of the FSL report which is available with the supplementary affidavit as Annexure-4, it appears that the poison like substance or other Alkaloid could not be detected. From perusal of the prescription which is annexed with this petition in respect of the treatment of the informant shows that the informant was suffering from dizziness. Learned APP appearing for the State as well as the learned counsel for the informant have opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Bhabua P.S. Case No. 723 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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