Sunil Kumar Rai @ Sunil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8306 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== Sunil Kumar Rai @ Sunil Rai Son Of Ram Briksh Rai R/O Village- Jafarabad Tok, P.S.- Raghopur (Rustampur O.P.), District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State and also perused the case diary along with the postmortem report.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

Allegedly, it is a case of murder of the husband of the informant and the dead body was found near Toka river. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no specific material and direct evidence to show the complicity of the petitioner in the offence and only on the mere suspicion, the name of the petitioner has been implicated in this case. The postmortem report also shows

Patna High Court CR. MISC. No.8306 of 2022(3) dt.02-11-2022 2/2 that cause of death is due to asphyxia.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 Mrs. Anjali Neg, Judicial Magistrate-I Class, Hajipur, Vaishali/concerned Court in connection with Raghopur (Rautanpur O.P.) P.S. Case No. 213 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