Sanjay Chaurasiya @ Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23306 of 2023 Arising Out of PS. Case No.-1054 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Sanjay Chaurasiya @ Ajay Kumar son of Late Maheshwar Chourasia VillageKazichak Ps- Maheshkhoont Dist- Khagaria ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with K.Hat (Sahayak) P.S.Case No. 1054 of 2022 registered for the offences under Sections 363, 365 and 302/120(B) IPC.

3. As per the prosecution case, the son of the informant, namely, Suchit Kumar, was found missing since 6.10.2022. It is alleged that one unknown person came and his son had gone with him. On being searched, his son could not be traced out. Later on, dead body of deceased Suchit Kumar was recovered by the police on the confessional statement of co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely implicated in this case. Only on the basis of confessional statement of co-accused Sanjay Kumar Chaurasiya son of Satan

Patna High Court CR. MISC. No.23306 of 2023(3) dt.31-08-2023 2/2 Chaurasiya the name of the petitioner has been dragged in this case due to previous dispute. Petitioner has one criminal antecedent.

5. Learned APP appearing for the State strongly opposses the prayer for anticipatory bail of the petitioner stating that during the course of investigation the dead body of son of the informant was recovered on the basis of statement of co-accused Sanjay Kumar Chaurasiya son of Satan Chaurasiya who also disclosed the involvement of this petitioner in the aforesaid occurrence. Referring to case diary, he further submits that there is corroborated material with regard to involvement of the petitioner in the occurrence.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties nature of allegations, gravity of offences, role attributed to the petitioner in kidnapping and murder of the son of informant, this Court is not inclined to grant anticipatory bail to the petitioner. The prayer is, accordingly, rejected.

(Sunil Dutta Mishra, J) shweta/- U T