Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29329 of 2021 Arising Out of PS. Case No.-303 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== SUJIT KUMAR Son of Arjun Prasad @ Arjun Mahto Resident of VillageBhaidi, P.S.- Katarisaray, District- Nalanda (Bihar), at present residing Barsaliganj, P.S.- Barsaliganj, District- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Giriyak (Katrisarai) P. S. Case No. 303 of 2020 instituted for the offence under section 304/34 of the Indian penal code. As per allegation in the FIR, son of the informant, namely, Shiv Poojan went out of his house but he did not return then a search was made. He got an information that dead body of his son was lying besides the field of Late Harischandra Prasad which is in occupation of Arjun Mahto for bataie. Arjun Mahto had put naked wire around the field to get electric for some agricultural purpose. Son of the informant came into contact of naked wire and electrocuted.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.29329 of 2021(3) dt.09-03-2022 2/2 implicated in this case as he is son of co-accused Arjun Mahto. Property dispute is going on between father of the informant and the informant. Petitioner is not residing at his parental house, he is living separately in Barisliganj, Nawada since last ten years and in this regard Nagar Panchayat, Barsliganj certified the facts, certificate is annexed as Annexure-2 to this petition. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Giriyak (Katrisarai) P.S. Case No. 303 of 2020 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Nalanda, Biharshaif subject to the conditions as laid down under section 438(2) of the Cr.P.C.

sushma/- (Sunil Kumar Panwar, J) U