Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51383 of 2022 Arising Out of PS. Case No.-174 Year-2020 Thana- AGIAON District- Bhojpur ====================================================== Manoj Kumar Son Of Bachcha Singh @ Bijendra Singh R/O VillageBisambhara, P.S.- Agaion (G), District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Agaion (G) P.S. Case No.174 of 2020, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that informant and his son had gone to attend Shradh in village Mathuri. Informant's son became traceless and next day his dead body was recovered in the ditch of village Ramdihra leading to registration of FIR against unknown. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner is not named in the FIR. On the basis of confessional statement of co-accused, the petitioner is made

Patna High Court CR. MISC. No.51383 of 2022(2) dt.13-12-2022 2/2 accused in the present case. It is submitted that there is no eye witness of the occurrence. It is also submitted that similarly situated co-accused, Krishna Singh @ Krishna Kumar has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 13.07.2022, passed in Cr. Misc. No.69339 of 2021.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 1st Class or concern court, Bhojpur at Ara in connection with Agaion (G) P.S. Case No.174 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T