Anil Kumar Bhagat @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19180 of 2023 Arising Out of PS. Case No.-217 Year-2022 Thana- PATEPUR District- Vaishali ====================================================== Anil Kumar Bhagat @ Anil Kumar S/O Rambir Bhagat @ Raghubir Bhagat Village-Gausi Bhagawanpur, P.S.-Kudhani, District-Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 201/ 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Ravi Ranjan called called Sunil Kumar on his mobile asking for a picture of Niraj Kumar (deceased), but Sunil refused. Thereafter, Ravi Ranjan again called Sunil from a different mobile number and said that some persons of the same locality have falsely implicated his mother in a case of rape, got her arrested and thus, threatened to face consequences. Thereafter, Ravi Ranjan got Niraj Kumar disappeared and next day his dead body was recovered from a place behind a school.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19180 of 2023(3) dt.01-08-2023 2/2 petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the thrust of the allegation is against Ravi Ranjan. It is further submitted that informant is not an eye witness to the occurrence and the petitioner came to be implicated as it is alleged that he also participated in a Puja at Brahmsthan where Ravi Ranjan, after committing murder, had come to offer his prayer.

5. Learned A.P.P. opposes the bail application.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P. S. Case No.217 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T