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Patna High CourtCR. MISC./74302/2023allowed

Alok Singh v. The State Of Bihar

2024-05-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74302 of 2023 Arising Out of PS. Case No.-279 Year-2020 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Alok Singh S/O Dhananjay Singh R/O Village- Ghorgahiya, P.S- Pachrukhi, Distt.- Siwan, Bihar.

2.

Mithlesh Mahato @ Mithilesh Kumar S/O Late Achhe Lal Mahto R/O Village- Ghorgahiya, P.S- Pachrukhi, Distt.- Siwan, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Pachrukhi P.S. Case no. 279 of 2020 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code.

As per allegation in the FIR, the informant alleged that the petitioners along with co-accused persons have committed murder of his son and threw the dead body in pond in order to conceal the evidence.

Patna High Court CR. MISC. No.74302 of 2023(4) dt.17-05-2024 2/3 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated due to dirty village politics. The informant is not an eye witness of the alleged occurrence and there is no specific allegation against the petitioners. Entire allegation hinges around the petitioners merely on the basis of suspicion. Similarly situated co-accused Bimlesh Singh has already been granted bail vide order dated 24.01.2024, passed in Cr. Misc. No. 77341 of 2023 by this Court. A statement has been made in para 3 of the petition that petitioners have got no criminal antecedent. In contra, learned A.P.P., appearing for the State, vehemently opposed the prayer of bail. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today

Patna High Court CR. MISC. No.74302 of 2023(4) dt.17-05-2024 3/3 and in the event of his arrest or surrender in connection with Pachrukhi P.S. Case no. 279 of 2020, he will be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Siwan, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T