Veermani Kumar @ Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45053 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Faresh Kumar Son Of Late Chhote Yadav R/O Village- Milki Par, P.S.- Rahui (bhagan Bigaha), District- Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 44977 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- RAHUI District- Nalanda ====================================================== Veermani Kumar @ SHANKAR KUMAR Son of Late Babu Yadav Resident of Village - Jamunapur, P.S.- Rahui (Bhagan Bigaha), District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 45053 of 2022) For the Petitioner/s :
Mr.Anirudh Kumar Sinha For the Opposite Party/s :
Mr.Rajendra Nath Jha (In CRIMINAL MISCELLANEOUS No. 44977 of 2022) For the Petitioner/s :
Mr.Anirudh Kumar Sinha For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rahui (Bhagan Bigaha) P.S. Case no. 104 of 2022 instituted for the offence under Sections 302, 120(b)/34 of the
Patna High Court CR. MISC. No.45053 of 2022(3) dt.13-12-2022 2/3 Indian Penal Code.
As per allegation in the FIR, brother of the informant went to brought medicine for his mother on 19.02.2022 but did not return and on next day informant found his brother's dead body lying beneath the bridge of Pachane river. It is further alleged that on 11.05.2021, a scuffle took place in which his brother was assaulted by accused persons including the petitioner for which Rahui P.S. Case No. 229 of 2021 was filed. Petitioners always keep pressure upon the informant and his family to comprise into the matter and threaten to kill. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners were falsely implicated in this case due to previous enmity.. There is no eye witness of the actual occurrence. Nine months prior to the present occurrence, an occurrence took place and only on the basis of that suspicion, no absolute material has come against the petitioner. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner
Patna High Court CR. MISC. No.45053 of 2022(3) dt.13-12-2022 3/3 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rahui (Bhagan Bigaha) P.S. Case no. 104 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- I, Nalanda (Biharsharif) subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U