Raj Narayan @Bhola Prasad @ Rajnaryan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31596 of 2024 Arising Out of PS. Case No.-471 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Raj Narayan @Bhola Prasad @ Rajnaryan Prasad Son Of Ramsundar Prasad Resident Of Village- Bharava Tola, Gurwaliya, Ps- Bettiah Muffasil (MANUAPUL), Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Informant Mr. Umesh Chandra Verma, Adv.

Mr. Hemant Ray, Adv.

For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-09-2024 Heard learned counsel for the parties.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 302, 201 34 of the Indian Penal Code.

3. Petitioner is said to have committed murder of the husband of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the informant has given an application before Harshidhi P.S. wherein she has raised suspicion against two brothers of the deceased including the petitioner. The informant stated that the two brothers were regularly threatening the deceased on account of property

Patna High Court CR. MISC. No.31596 of 2024(3) dt.25-09-2024 2/2 dispute. He submits that save and except suspicion, no other evidence has come against the petitioner in this case. He submits that there is no eye witness of the occurrence. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and informant opposed the prayer for bail.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 471 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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