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Patna High CourtCR. MISC./24931/2022bail granted

Mrityunjay Thakur @ Mrityunjay Kumar Thakur v. The State Of Bihar

2022-11-15Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24931 of 2022 Arising Out of PS. Case No.-477 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== MRITYUNJAY THAKUR @ MRITYUNJAY KUMAR THAKUR S/oHarishchandra Thakur R/o- Village - Vishanpur, Ward No. -09, P.S. - Muffasil, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. K. Shahi, Sr. advocate Mr. Mukesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302/ 34 of the Indian Penal Code.

As per the prosecution case, Co-accused, Md. Fardeen took the son of informant and after half an hour, the informant heard that his son has been killed. Thereafter, the informant went to the place of occurrence and saw the dead body of his son. The informant raised suspicion against the petitioner and other accused persons.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.24931 of 2022(3) dt.15-11-2022 2/2 case. The informant is not an eye witness of the occurrence and only on suspicion petitioner has been made accused in this case that he had previous dispute with the deceased which has been found false during the course of investigation by the police. It is further submitted that in course of investigation no direct or indirect material has been collected against this petitioner to show his involvement in the aforesaid crime.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateII,Samastipur in connection with Muffasil PS case No. 447/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T