Anup Kumar Verma @ Anup Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38063 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- KHAIRA District- Saran ====================================================== Anup Kumar Verma @ Anup Kumar Sah S/o Prem Chand Verma R/o villageKoreyan, P.S.- Khaira, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Ms. Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Petitioner apprehends his arrest in Khaira P.S. Case No.03 of 2020, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code. The petitioner is said to have killed the son of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent. It is further submitted that merely on suspicion, the petitioner has been made accused in the present case. It is submitted on 27.12.2019, the petitioner and the son of the informant went to the market and the son of the informant

Patna High Court CR. MISC. No.38063 of 2021(3) dt.08-04-2022 2/3 did not return to his house but no FIR was lodged on the same day. The dead body of the son of the informant was found on 02.01.2020 and thereafter FIR was lodged on 03.01.2020. Learned counsel for the petitioner further submits that a material fact has come on the record during investigation by the police that the deceased, Neeraj Kumar Sah was doing business in Assam along with his brother. The brother fraudulently usurped the business and kicked the deceased out of the business. As a result, the deceased came home and was under depression. This fact has also come in paragraphs 34 and 37 of the case diary. It The post-mortem report shows the cause of death is due to asphaxia as a result of drowning. It is lastly submitted that there is no eye witness of the occurrence and only on suspicion, the petitioner has been made accused in the present case. The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, 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

Patna High Court CR. MISC. No.38063 of 2021(3) dt.08-04-2022 3/3 Magistrate, 1st Class, Chapra, Saran in connection with Khaira P.S. Case No.03 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