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Patna High CourtCR. MISC./28629/2019allowed

Shashi Ranjan Kumar @ Ajeet Kumar v. The State Of Bihar

2019-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28629 of 2019 Arising Out of PS. Case No.-171 Year-2017 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SHASHI RANJAN KUMAR @ AJEET KUMAR Son of Salendra Prasad Resident of Village- Kanti Kothiya, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2019 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 147, 148, 149, 302, 201 and 120B of the Indian Penal Code. In the written report it is alleged that younger brother of the informant had gone to Muzaffarpur for some work and he did not return. The informant received call of his brother on his mobile phone who informed him that 13-14 persons have taken him on motorcycle. The informant went to Garha Chowk in Muzaffarpur where he was told by the persons of the locality that petitioners along with 11 persons and 5-6 unknown person have killed his brother. It is mentioned in the written report that dead body was recovered with the help of local administration

Patna High Court CR. MISC. No.28629 of 2019(3) dt.17-07-2019 2/2 and team of SDRF from the flood water.

It has been submitted on behalf of the petitioner that in the entire F.I.R. mere suspicion has been raised against the petitioner. The dead body has been recovered from flood water kept in a gunny bag. He submits that co-accused has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 55021 of 2017 on 16.02.2018. In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Bochaha Police Station Case No.

171 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.