Niranjan Kumar @ Niranjan Kumar Agrawal And Other v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35379 of 2021 Arising Out of PS. Case No.-502 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

NIRANJAN KUMAR @ NIRANJAN KUMAR AGRAWAL AND OTHER Son of Satyanarayan Ram @ Satya Narayan Agrawal Resident of Village - Budhanath, P.S. - Kotwali, District - Bhagalpur. 2.

Ramesh Kumar @ Rajesh Kumar Agrawal Son of Satyanarayan Ram @ Satya Narayan Agrawal Resident of Village - Budhanath, P.S. - Kotwali, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Kotwali (Jogsar) P.S. Case No. 502 of 2020 registered under Sections 302, 120(B)/34 of the Indian Penal Code.

Prosecution case in short is that the informant's father, who was working in the apartment of one Niranjan Kumar, died. The informant, on receipt of information regarding death of his

Patna High Court CR. MISC. No.35379 of 2021(2) dt.24-03-2022 2/3 father, went there and found his father lying dead on the ground and blood was oozing out from his face and nose. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The names of the petitioners have transpired in this case merely on the basis of suspicion. Except suspicion, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the present case. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Jogsar) P.S. Case No. 502 of 2020 subject to the

Patna High Court CR. MISC. No.35379 of 2021(2) dt.24-03-2022 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T