Ashwani Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14577 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== ASHWANI KUMAR SRIVASTAVA S/O UPENDRA KUMAR SRIVASTAVA R/O WARD NO. 21, BASWARIYA NAYATOLA, P.SBETTIAH NAGAR, EAST CHAMPARAN, BIHAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Srivastava For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 304(B) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that the father and mother of the petitioner namely Upendra Prasad Srivastava and Asha Devi had approached this court by filing Cr. Misc. No.14461/2024 and the same was allowed by an order dated 15.05.2024. It is next submitted that the parents of the petitioner were granted the privilege of

Patna High Court CR. MISC. No.14577 of 2024(4) dt.12-07-2024 2/3 anticipatory bail after noting the facts of the case, thereafter, the learned counsel draws the attention of the court to para-10 of the order dated 15.05.2024 in Cr. Misc. No.

14461/2024 to submit that the same records- "The learned counsel for the petitioners next submit that it absolutely does not stand to reason that the learned counsel appearing on behalf of the informant submits that he has instructions not oppose the regular bail application of the husband of the deceased and the bail application of the husband of the deceased was also not opposed before the learned District Judge, when from perusal of the allegations as alleged in the FIR, it would manifest that the informant without any discrimination has alleged against all the accused persons equally, this amply demonstrates that the informant for some personal reason is bent upon ensuring that the petitioners be not granted the privilege of anticipatory bail."

The learned counsel placing reliance on the fact of the case, as recorded in the order dated 15.05.2024 in Cr. Misc. No.14461/2024, seeks bail for the petitioner, who is in custody since 27.09.2023.

4. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is

Patna High Court CR. MISC. No.14577 of 2024(4) dt.12-07-2024 3/3 directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court, in connection with Bettiah Muffasil P.S. Case No.634/2023.

(Satyavrat Verma, J) amit/- U T