Ujjwal @ Ujjwal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76675 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- TURKI KHARARU District- Muzaffarpur ====================================================== Ujjwal @ Ujjwal Kumar son of Pravesh Kumar Thakur@Ram Pravesh Thakur @Ram Pravesh kumar thakur village- Gannipur, Mishra Tola, PsKazimohammadpur, Dist- Muzaffarpur. Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Kumar Suman, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 302, 120B, 201 and 34 of the IPC in connection with Turki P.S. Case No.04 of 2024.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 28.02.2024 at about 2.00 P.M., his villagers informed that dead body of his son Anish Kumar is lying at Khakhra Dam, accordingly, the informant went to the place of occurrence and saw the dead body of his son lying there, thereafter, the FIR came to be instituted with an allegation that Ujjawal Kumar and his father (Pravesh Kumar Thakur) used to
Patna High Court CR. MISC. No.76675 of 2024(2) dt.25-10-2024 2/3 threaten to kill the informant's son and they had also filed a false case against his son and thus, based on suspicion alleges that accused persons including the petitioner killed his son.
4. The learned counsel for the petitioner submits that informant is not an eye witness to the occurrence and the entire allegation hinges around suspicion that the accused persons including the petitioner might have been involved in the occurrence as they had threatened earlier to kill his son. The learned counsel for the petitioner further submits that from perusal of the order impugned, it would manifest that the same records that in the postmortem report it was recorded that no external or internal injury was found. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.76675 of 2024(2) dt.25-10-2024 3/3 satisfaction of the learned A.C.J.M., Ist, West Muzaffarpur in connection with Turki P.S. Case No.04 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. Further, it is made clear that in the event, if charge sheet is filed connecting the petitioner with the offence in that event, the present anticipatory bail order shall loose its effect.
8. Let a copy of this order be sent to the concerned Police Station through the learned trial Court.
9. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T