Anil Kumar Rai @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29510 of 2023 Arising Out of PS. Case No.-155 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== Anil Kumar Rai @ Anil Kumar Son Of Shivji Rai Resident Of Village Subdhiya Noor @ Pakahi, P.S. - Maniyari, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 328, 302, 120B of the Indian Penal Code.

Allegedly, someone made the informant's father to eat something, as a result of which, he became senseless and started vomiting. He was taken to PHC and ultimately, he was taken to PMCH, Patna where he died in course of treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that number of eye witnesses have stated in their respective statement given under Section 161 of the Cr.P.C. that the deceased committed suicide by taking some poisonous substance. He submits that similarly situated co-accused has

Patna High Court CR. MISC. No.29510 of 2023(2) dt.13-07-2023 2/2 already been granted bail by a coordinate Bench of this Court vide order dated 23.02.2022 passed in Cr. Misc. No. 20576 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case as well as the fact that the similarly situated co-accused has already been granted bail, let the above named petitioner 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 the learned court below where the case is pending/successor court in connection with Maniyari P.S. Case No. 155 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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