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Patna High CourtCR. MISC./22351/2021dismissed

Amit Kumar @ Amit Bhagat v. The State Of Bihar

2022-01-05Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22351 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Amit Kumar @ Amit Bhagat, aged about 25 years, Male Son of Umesh Bhagat, Resident of Village- Dighi Kala Purbi P.S.- Sadar (Hajipur), DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 05-01-2022 Heard the parties through video conferencing. The petitioner seeks bail in anticipation of his arrest in connection with Sadar (Hajipur) P.S. Case No. 300 of 2020 dated 17.05.2020 instituted for the offence punishable under Sections 302, 364, 201, 420, 406 and 120 (B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner name has been mentioned in the FIR solely on the basis of informant's apprehensions and there is no criminal antecedent of the petitioner and he has been falsely implicated in the case.

The allegation regarding dispute of money is

Patna High Court CR. MISC. No.22351 of 2021(2) dt.05-01-2022 2/3 essentially against one Abinash Singh @ Alok Singh @ Langra who has been granted anticipatory bail by this Court vide order dated 05.02.2021 in Cr. Misc. No. 30654 of 2020. Learned counsel for the petitioner submits that the other persons mentioned in the FIR have also been granted anticipatory bail. Learned APP opposes the bail application points out that the role of the petitioner appears to be prima facie in the case.

I have considered the submission. From perusal of the FIR, it is apparent that two persons have been murdered and an amount of Rs. 60,00,000/- was being claimed by them as against Avinash Singh @ Avinash Kumar Singh @ Alok Singh @ Langra, who directed both the deceased to go to the house of one Rajiv Mali and collect the money. Thereafter both were not found and lateron there dead bodies have been recovered. Thus, It is now for the police to conduct a through investigation and reached to the conclusion. The petitioner is said to be a relative to the said Rajiv Mali.

Keeping in view all the said aspects, and since the investigation may be required and an interrogation may also be required of the petitioner in a case under Section 302 of the Indian Penal Code where two persons have been murdered, I am

Patna High Court CR. MISC. No.22351 of 2021(2) dt.05-01-2022 3/3 not inclined to release the petitioner on anticipatory bail. This application is dismissed.

(Sanjeev Prakash Sharma, J) Anand Kr.

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