Niraj Kumar @ Sadhu Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61771 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Niraj Kumar @ Sadhu Paswan Son of Munna Paswan @ Jamun Paswan R/O Vill./Mohalla- Nagwan Khas P.S. Naubatpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh For the Opposite Party/s :
Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024
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 offence punishable under Sections 363, 365, 302, 201, 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 06.01.2024 her minor son aged about 17 years had gone out with one Ajit but did not return and when informant called Ajit on his mobile, he said that he is out of the station and informant's son was not present with him and he had left him at Ibrahimpur. The learned counsel next submits that later the dead body of the son of the informant was recovered and Ajit came to be arrested and the name of the petitioner
Patna High Court CR. MISC. No.61771 of 2024(2) dt.07-10-2024 2/3 transpired in the confessional statement of Ajit. It is also submitted that no material during the course of investigation transpired connecting the petitioner with the offence except the confessional statement. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the 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 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Naubatpur P.S. Case No.21/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the
Patna High Court CR. MISC. No.61771 of 2024(2) dt.07-10-2024 3/3 investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
7. It is also made clear that if charge sheet is submitted connecting the petitioner with the offence in that event the present anticipatory bail order shall loose its effect.
8. Let a copy of this order be sent to the concerned P.S. through the learned trial court.
(Satyavrat Verma, J) amit/- U T