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Patna High CourtCR. MISC./62557/2021allowed

Suman Mahto @ Suman Kumar v. The State Of Bihar

2022-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62557 of 2021 Arising Out of PS. Case No.-38 Year-2016 Thana- PARASBIGHA District- Jehanabad ====================================================== SUMAN MAHTO @ SUMAN KUMAR S/O SRI NAGENDRA SINGH R/o village- Abgilla, P.S.- Paras Bigha, District- Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302/120(B) of the Indian Penal Code.

Allegedly, the son of the informant has been murdered by the FIR named accused persons including the petitioner and his dead body was hanged in a tree.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.62557 of 2021(2) dt.11-07-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no eye witness to the alleged occurrence and only on suspicion, the petitioner has been implicated in this case. It is further submitted that the alleged wife of the dceased and the father-inlaw are already in judicial custody. Petitioner has no criminal antecedent.

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

Having regard to the facts and circumstances of the case, since there is no eye witness to the alleged occurrence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Parasbigha P.S. Case No.38 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T