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Patna High CourtCR. MISC./6292/2023allowed

Jagarnath Swarnkar @ Jagarnath Kumar v. The State Of Bihar

2023-04-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6292 of 2023 Arising Out of PS. Case No.-953 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== JAGARNATH SWARNKAR @ JAGARNATH KUMAR Son of Prabhu Swarnkar @ Parbhu Sah R/v- Madhepura, Ward No. 7, P.S. and DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 34 of the Indian Penal Code.

Allegedly, petitioner, along with other accused persons, are said to have murdered the informant's son. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to suspicion. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after the investigation,

Patna High Court CR. MISC. No.6292 of 2023(2) dt.11-04-2023 2/2 police has filed the final form against the petitioner but the learned Court below differing from the final form, took cognizance against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 Madhepura P.S. Case No. 953 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T