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Patna High CourtCR. MISC./9533/2023bail granted

Shyamanand Jha @ Shayamanand Jha @ Shyamanand v. The State Of Bihar

2023-06-21Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9533 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== Shyamanand Jha @ Shayamanand Jha @ Shyamanand S/O Late Tej Narayan Jha Resident of village- Sijhuwa, Ward No.- 13, P.S.- Kursakanta, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 302, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that on 05.07.2022, Pramod Mandal along with named coaccused persons committed murder of the informant's father Ganga Prasad Das and this petitioner along with Manoj Kumar conspired in the said murder.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as

Patna High Court CR. MISC. No.9533 of 2023(3) dt.21-06-2023 2/2 alleged in the FIR it would manifest that the informant is not an eye-witness to the occurrence and the petitioner has been made an accused only based on suspicion that he conspired to get father of the informant killed. It is next submitted that Pramod Kumar Mandal has been granted anticipatory bail vide order dated 22.05.2023 in Cr. Misc. No. 62717 of 2022 and Nunulal Roy and five others have been granted anticipatory bail vide order dated 21.04.2023 in Cr. Misc. No. 72330 of 2022. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 court below where the case is pending/successor court in connection with Kursakanta P.S. Case No. 126 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T