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Patna High CourtCR. MISC./51425/2024disposed

Keshav @ Keshav Narayan v. The State Of Bihar

2024-08-21Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51425 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== 1.

Keshav @ Keshav Narayan Son Of Baikunth Lal R/O-Mohhalla- Shastri Nagar, House No. 239, Jay Prakash Path, Ps- Mithanpura, Distt.- Muzaffarpur 2.

Vishal Kumar Son Of Raj Kumar Vill Najirpur, Gayitri Mandir, Shekhpura, Ps -Ahiyapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-08-2024 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Mithanpura P.S. Case No. 527 of 2023 registered on 24.11.2023 for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. As per prosecution, the informant has disclosed that her husband was admitted to Nasha Mukti Kendra and her husband was continuously complaining against petitioner No. 1 because of non-performance of his work. On the very next day the dead body of the informant's husband was thrown by the petitioners at her house then the present case has been lodged.

Patna High Court CR. MISC. No.51425 of 2024(2) dt.21-08-2024 2/3

3. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He submits that the petitioner No. 1 is running the Nasha Mukti Kendra and the petitioner No. 2 is the staff here. He submits that whatever is the allegation against the petitioners are completely false. Counsel submits that the petitioners have got clean antecedent.

4. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioners and submits that the person who is running Nasha Mukti Kendra has very high degree of tolerance. Just before one day the husband of the informant had disclosed about the ill behavior of the petitioner No. 1 and on the next day the dead body was thrown on the house of the informant.

5. In the present facts and circumstances, this Court is not inclined to grant bail to petitioner No. 1, namely, Keshav @ Keshav Narayan. So far as, petitioner No. 2 is concerned, let petitioner No. 2, namely, Vishal Kumar, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of ₹30,000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.51425 of 2024(2) dt.21-08-2024 3/3 learned J.M. Ist Class, Muzaffarpur (East) in connection with Mithanpura P.S. Case No. 527 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Aman Kumar/- U T