Anant Kumar @ Anshu @ Anand Kumar @ Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69274 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== ANANT KUMAR @ ANSHU @ ANAND KUMAR @ ANSHU KUMAR S/O- BHAVESH KUMAR SINGH village- Gonawan Ps- Harnaut DistNalanda, A/P- Village- Kari Sowa Ps- Wazirganj Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP Mr.Amar Nath Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. 2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 363, 304/34 of the IPC. 3.

Allegedly, the son of the informant went with his friends to Rajrappa, where after, all his friends returned except the informant's son and when she contacted the petitioner and other friends, they gave different statements. Later on, dead body of informant's son was found in a well.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case merely on suspicion. There is no eye-witness to the alleged

Patna High Court CR. MISC. No.69274 of 2024(2) dt.18-10-2024 2/3 occurrence. There is a delay of four days in filing the F.I.R., without giving any plausible explanation. No injury was found on the body of the deceased and cause of death was mentioned as "Asphyxia due to drowning" and there is no specific allegation against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 22.07.2024. Other co-accused persons have been granted regular bail by this Court and by co-ordinate Bench of this Court vide order passed in Cr. Misc. No.61183 of 2024 and Cr. Misc. No.29774 of 2024.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Considering the facts and circumstances of this case, since similarly situated co-accused have been granted bail, the above named petitioner is directed to 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 the learned court below where the case is pending/the Successor Court, in connection with Wazirganj P.S. Case No.27/2023, subject to the following condition: (1) The petitioner shall remain physically present in the court on each and every date during

Patna High Court CR. MISC. No.69274 of 2024(2) dt.18-10-2024 3/3 trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

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