Abhishek Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33583 of 2020 Arising Out of PS. Case No.-715 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== ABHISHEK AGRAWAL, Son of Rajkumar Agrawal Resident of Village - Christain Quarter Church Road, P.S.- Kalibag (O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-03-2021 Heard Mr. Dhananjay Kumar No. 2, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bettiah Town P. S. Case No. 715 of 2019, dated 29.09.2019, which was initially instituted for the offences under Section 363 of the Indian Penal Code but later Section 302, 201 and 120 (B) of the Indian Penal Code was also added.

The son of the informant had gone out of his house on 23.09.2019, never to return. The case has

Patna High Court CR. MISC. No.33583 of 2020(2) dt.12-03-2021 2/3 been lodged after six days of the son of the informant going missing.

Without the recovery of the dead-body of the deceased, Section 302 and other Sections of Indian Penal Code have been added in the F.I.R.

One Saurabh Agrawal is said to have been arrested on suspicion who has given a confession before the police in which he has named the petitioner. There is no other material except the aforesaid confession of an arrested accused person.

The father of the petitioner is a successful businessman of the locality and only because of business rivalry, the name of his son / the petitioner has been taken in the confessional statement.

Regard being had to the afore-stated facts and also taking into account the fact that the petitioner has no criminal antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date

Patna High Court CR. MISC. No.33583 of 2020(2) dt.12-03-2021 3/3 of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P. S. Case No. 715 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T