Anurag Kumar @ Anuraj Kasyap @ Anuraj Engineer @ K.B v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22788 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Anurag Kumar @ Anuraj Kasyap @ Anuraj Engineer @ K.B Son Of Pramod Prasad Jaiswal R/O-New Colony Atardah, P.S.-SADAR, Distt.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Jyoti Kumari, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Maniyari P.S. Case No. 206 of 2023 lodged on 04.07.2023 for the offences punishable under Sections 302, 34 of the Indian Penal Code read with section 27 of the Arms Act pending before the learned Chief Judicial Magistrate, Muzaffarpur.

3. As per the prosecution story, FIR has been lodged against one named and other unknown accused persons. The allegation of murder of informant's husband is there in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner has unnecessarily been made accused

Patna High Court CR. MISC. No.22788 of 2024(4) dt.26-06-2024 2/3 in this case and he is also not named in the FIR. Counsel further submits that the criminal antecedent of the petitioner is clean. Counsel submits that the only material which has come against the present petitioner is the confessional statement of the coaccused and even in the confessional statement, there is no allegation of act of overt act against the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case diary has come and atleast three accused persons have stated the involvement of the petitioner in the commission of crime. Counsel further submits that upon bare reading of those statements of witnesses which may be confessional in nature, it is clear that prior to the alleged occurrence, prior meeting of mind is there, plan is there and action of the plan is also there which resulted into the death of the informant's husband.

6. In the light of the submissions made by the parties, this Court is of the firm view that this case is not a fit case for anticipatory bail and therefore, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

8. The petitioner is directed to surrender within four

Patna High Court CR. MISC. No.22788 of 2024(4) dt.26-06-2024 3/3 weeks from today and upon surrender, the Court before which he shall surrender, shall consider his regular bail in course of the day.

(Dr. Anshuman, J) Divyansh/- U T