Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26860 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- TEKARI District- Gaya ====================================================== VIJAY SINGH Son of Late Ramsagar Singh @ Sagar Singh Residence of village - Kaithi, P.S.- Anti, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Prosecution case, in brief, is that on 21.07.2022 at about 4 A.M., co-accused Sunil Sharma (husband of the informant), killed the father-in-law of the informant and his dead body was concealed at village Kaithi which was recovered from the door of the petitioner.

Learned counsel appearing for the petitioner submits that specific allegation of killing the father-in-law of the informant is against co-accused Sunil Sharma and petitioner has been made accused merely because dead body of the deceased

Patna High Court CR. MISC. No.26860 of 2023(2) dt.07-07-2023 2/2 was recovered from his door. As a matter of fact, petitioner does not reside in the said house and it is in an abandoned condition. Moreover, petitioner is no way related or concerned with the alleged occurrence. It appears that after committing the occurrence, co-accused deliberately left the dead body on the door of the petitioner. There is no allegation of overt act against the petitioner and he has got clean antecedent. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Magistrate-VI, Gaya in connection with Tekari (Panhanpur) P. S. Case No. 456 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T