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Patna High CourtCR. MISC./83317/2024bail granted

Ashish Kumar v. The State Of Bihar

2025-02-05Mr. Justice Prabhat Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83317 of 2024 Arising Out of PS. Case No.-314 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Ashish Kumar S/O Umanand Yadav R/O Village- Belsara, P.S- Raniganj, District- Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 84058 of 2024 Arising Out of PS. Case No.-314 Year-2024 Thana- RANIGANJ District- Araria ====================================================== Bipin Yadav S/o Bechu Yadav @ Bachchalal Yadav R/o Village- Belsara, PSRaniganj, District- Araria ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 83317 of 2024) For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP (In CRIMINAL MISCELLANEOUS No. 84058 of 2024) For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2025 Reg:- Cr. Misc. No. 83317 of 2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

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3. Informant suspects that due to old dispute, this petitioner along with other accused persons murdered her husband.

4. Learned counsel appearing on behalf of the petitioner submits that informant is not an eye witness to the occurrence and only on suspicion petitioner has been implicated in this case. During course of investigation, one Rajneesh Yadav who was with the husband of informant and was also seriously injured in the occurrence, was examined but he did not name this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case, let petitioner above named be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No. 314 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. Reg:- Cr. Misc. No. 84058 of 2024

7. Heard learned counsel for the petitioner and learned

3/4 A.P.P. for the State.

8. The petitioner apprehends arrest in a case registered under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

9. Informant suspects that due to old dispute, this petitioner along with other accused persons murdered her husband.

10. Learned counsel appearing on behalf of the petitioner submits that informant is not an eye witness to the occurrence and only on suspicion petitioner has been implicated in this case. During course of investigation, one Rajneesh Yadav who was with the husband of informant and was also seriously injured in the occurrence, was examined but he did not name this petitioner.

11. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

12. Having considered the aforesaid facts and circumstances of the case, let petitioner above named be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bailbond of Rs. 10,000 (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Raniganj P.S. Case No.

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(Prabhat Kumar Singh, J) utkarsh/- U T