Ghanshyam @ Ghanshyam Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22935 of 2023 Arising Out of PS. Case No.-33 Year-2021 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== GHANSHYAM @ GHANSHYAM PATEL son of Late Boku Patel VillageGopalpur Ps- Udakishunganj Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Udakishunganj P.S. Case No. 33 of 2021 dated 30.01.2021 registered for the offences punishable under Sections 302, 120B read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the petitioner and the coaccused persons took away the bhabhi of the informant and shot her and during the course of treatment she died.

Patna High Court CR. MISC. No.22935 of 2023(2) dt.24-06-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case on account of land dispute. The petitioner is accused in eight other criminal cases which are not related to murder and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. There is no eye witness to the occurrence and there is general and omnibus allegation against the petitioner. The other co-accused persons have already been granted bail by the Co-ordinate Bench vide order dated 11.05.2023 passed in Cr. Misc. No. 6961 of 2023.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Udakishunganj, Madhepura in connection with Udakishunganj P.S. Case No. 33 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

Patna High Court CR. MISC. No.22935 of 2023(2) dt.24-06-2023 3/3

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T