Sunil Rajwar @ Sunil Kumar @ Anil Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60396 of 2023 Arising Out of PS. Case No.-318 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.

SUNIL RAJWAR @ SUNIL KUMAR @ ANIL KUMAR RAM SON OF RAM NATH RAJWAR RESIDENT OF VILLAGE- DHARUPUR, PSBIKRAMGANJ, DISTT- ROHTAS AT SASARAM 2.

SETHI @ JITENDRA RAM SON OF RAM NATH RAJWAR RESIDENT OF VILLAGE- DHARUPUR, PS- BIKRAMGANJ, DISTT- ROHTAS AT SASARAM 3.

SHIWAM KUMAR @ SHIWAM RAJWAR SON OF SUNIL RAJWAR RESIDENT OF VILLAGE- DHARUPUR, PS- BIKRAMGANJ, DISTTROHTAS AT SASARAM 4.

LAKKY RAJWAR SON OF PUKAR RAJWAR RESIDENT OF VILLAGE- PANWARI , PS- SIKRAHATA, DISTT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. Allegedly, the petitioners are said to have killed the brother of the informant and hanged him on a tree.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no

Patna High Court CR. MISC. No.60396 of 2023(4) dt.05-03-2024 2/3 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. Petitioners have been made accused in the present case merely on the basis of suspicion. None of the witnesses have supported the prosecution case. He further submits that no internal or external injury was found on the body of the deceased and the cause of the death is due to hanging. There is no material evidence against the petitioners in the case diary. Petitioner nos.1, 2 and 4 have no criminal antecedent and petitioner no.3 has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioners used to threaten the informant's side on previous occasions.

6. Having regard to the facts and circumstances of the case as there is no evidence against the petitioners in the case diary, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.60396 of 2023(4) dt.05-03-2024 3/3 connection with Bikramganj P.S. Case No.318 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T