Banti Singh @ Manish Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38069 of 2024 Arising Out of PS. Case No.-84 Year-23 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Banti Singh @ Manish Singh S/O- Ishwar Singh R/O Village- Patipul, P.S.- Digha, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code.
3.
Learned counsel for the petitioner submits that the brother of the deceased disclosed that the deceased along with Kundan and others had made a plan to go to Chauparan (Jharkhand) and Kundan disclosed that he along with the deceased and petitioner had gone to Chauparan in Jharkhand for drinking and there they stayed at Abhishek Line Hotel where they drank and ate and also slept, but in the night the deceased was having stomach ache, as such, they thought of returning back to Patna for getting him treated but he died on the way, as
Patna High Court CR. MISC. No.38069 of 2024(3) dt.29-07-2024 2/3 such, Kundan along with petitioner got perturbed and threw the dead body and thereafter the dead body was found by the informant as disclosed in the FIR.
4.
Learned counsel for the petitioner submits that the postmortem report does not even remotely suggest that the deceased had any external injury. It is next submitted that it appears that deceased after drinking got unwell and died as the liquor was spurious. It is also submitted that even the informant is not an eye-witness to the occurrence and the entire allegation hinges around suspicion.
5.
The Investigating Officer of the case, who in compliance of the order dated 8-7-2024 is present, submits that she had gone to Chauparan for investigating the case and there during the course of investigation at Abhishek Line Hotel, it was found that the deceased was accompanied by Kundan only. 6.
At this stage, learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation.
7.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
8.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.38069 of 2024(3) dt.29-07-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Magadh University P.S. Case No. 84 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 9.
The personal appearance of the Investigating Officer is dispensed with.
(Satyavrat Verma, J) SUMIT/- U T