Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21858 of 2023 Arising Out of PS. Case No.-597 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== NAVIN KUMAR Son of Bhushan Singh R/V- Basant Chak Bodhgaman, PSPhulwarisarif, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

The informant alleges that she received an information on 31.07.2021, at about 2:30 pm that her father-inlaw has been assaulted and murdered at his house at about 3:00 pm, accordingly, she reached the place of occurrence and saw the dead body of her father-in-law lying in pool of blood, accordingly, based on suspicion, it is alleged that the accused persons including the petitioner committed the occurrence. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely

Patna High Court CR. MISC. No.21858 of 2023(2) dt.26-06-2023 2/3 implicated in the present case.

Learned counsel for the petitioner next submits that the petitioner was not arrested from the spot, it is next submitted that the informant is not the eye-witness to the occurrence and the entire allegation hinges around suspicion and the petitioner is cousin nephew of the deceased, there is admitted land dispute between the parties, it is next submitted that the murder of the father-in-law of the informant was taken as an opportunity to falsely implicate the petitioner and other family members. It is next submitted that the petitioner will not abscond, rather, will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Phulwarisharif

Patna High Court CR. MISC. No.21858 of 2023(2) dt.26-06-2023 3/3 P.S. Case No. 597 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear, that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not making himself available as and when called, the learned Trial Court shall pass orders in accordance with law and shall also have the liberty to cancel his bail bonds of the petitioner.

Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

(Satyavrat Verma, J) HarshPandey/- U T