Suman Yadav @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15137 of 2023 Arising Out of PS. Case No.-781 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Suman Yadav @ Suman Kumar S/O Late Bishundeo Prasad Yadav @ Bishundeo Yadav Resident Of Village- Nanhaku Mandal Tola, P.S.- Muffasil, District- Khagaria (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 328, 120B, 34 of the Indian Penal Code.

Petitioner along with other accused persons are said to have committed murder of the father of the informant by administering him poison.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is no specific overt act against the petitioner and only on the basis of suspicion, he has been made accused in this case. He submits that in the entire case diary there is no evidence against the

Patna High Court CR. MISC. No.15137 of 2023(3) dt.22-06-2023 2/2 petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that there are sufficient materials available in the case diary against the petitioner, therefore, this is not a fit case to grant anticipatory bail to the petitioner. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Khagaria P.S. Case No. 781 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T