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Patna High CourtCR. MISC./26601/2022allowed

Subhash Singh @ Subash Thakur v. The State Of Bihar

2022-12-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26601 of 2022 Arising Out of PS. Case No.-280 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== Subhash Singh @ Subash Thakur Son Of Late Paras Thakur R/O VillageKhedhawa, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Basantpur P.S. Case No.280 of 2020, registered for the offences punishable under Sections 341, 323, 328, 302, 120(B) and 34 of the Indian Penal Code.

The petitioner alongwith the other co-accused persons are said to have killed the husband of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the postmortem report of the deceased does not support the prosecution case.

Patna High Court CR. MISC. No.26601 of 2022(3) dt.19-12-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the fact that postmortem report does not support the prosecution case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with Basantpur P.S. Case No.280 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T