Niranjan Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77662 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- LAUKARIA District- West Champaran ====================================================== Niranjan Jaiswal Son Of Krishna Jaiswal @ Krishna Kumar R/O VillageHarnatand, P.S.- Laukariya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 201, 120(B)/34 of the I.P.C.

3. The prosecution case, in brief, is that the informant suspected all the F.I.R. named accused persons including the petitioner have killed the deceased.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness of the alleged occurrence. On merely suspicion, petitioner has been made accused in the present case. He further submits that similarly situated co-

Patna High Court CR. MISC. No.77662 of 2023(2) dt.07-12-2023 2/2 accused have been granted anticipatory bail vide order dated 29.11.2023 in Cr. Misc. No. 75024 of 2023 by a Co-ordinate Bench of this Court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Having regard to the facts and circumstances of the case, considering similarly situated co-accused have been granted anticipatory bail, 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Laukariya P.S. Case No. 27 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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