Vigan Nut @ Bigan Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74174 of 2024 Arising Out of PS. Case No.-345 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Vigan Nut @ Bigan Nat Son of Koyari Nut Resident of Village - Paleya Bigha, P.S. - Makhdumpur, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Makhdumpur (Tehta) Police Station Case No. 345 of 2024, dated 11.07.2024, disclosing offences punishable under Sections 61 (2)/103 (1)/3 (5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 09.07.2024, the brother of the informant went with the petitioner and others at about 8 PM for the purpose of attending shradh ceremony, but they killed the informant's brother.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.74174 of 2024(2) dt.12-11-2024 2/3 previous litigation between the cousin brother of the informant and the petitioner, who has lodged Makhdumpur Police Station Case No. 234 of 2019 against the petitioner. Referring to the post-mortem examination report (Annexure 2), he submits that the cause of death, as mentioned by the doctor, is due to trauma and road traffic accident. The dead body of the deceased was found near the divider of NH 22.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the doctor has given the cause of death as road traffic accident, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur (Tehta) Police Station Case No. 345 of 2024, subject to the condition laid down under

Patna High Court CR. MISC. No.74174 of 2024(2) dt.12-11-2024 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √