Abhijit Kumar @ Abhijeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12804 of 2022 Arising Out of PS. Case No.-472 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== ABHIJIT KUMAR @ ABHIJEET KUMAR Son of Niroj Choudhary Resident of Village- Auliyabad, P.S.- Bihpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in Parbatta P.S. Case No. 472 of 2020 registered under Sections 302, 201/34 of the Indian Penal Code.

Allegedly, dead body of an unknown person was found near Pappu Sangahi Basa.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per prosecution case, dead body of an unknown person was found by the local chowkidar, on the basis of which, the present case was instituted. The name of the petitioner has transpired in this case on

Patna High Court CR. MISC. No.12804 of 2022(2) dt.06-04-2022 2/2 the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria in connection with Parbatta P.S. Case No. 472 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T