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Patna High CourtCR. MISC./88906/2024allowed

Pralay Kumar Vidrohi v. The State Of Bihar

2025-01-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88906 of 2024 Arising Out of PS. Case No.-176 Year-2013 Thana- NAUGACHIA District- Bhagalpur ====================================================== 1.

Pralay Kumar Vidrohi S/o- Nand Kishor Yadav, Resident of Village- Punama Visthapit Tola N.H-31 P.S-Naugachia, District-Bhagalpur. 2.

Niket Kumar @ Niket Kumar Yadav S/o- Nand Kishor Yadav, Resident of Village- Punama Visthapit Tola N.H-31 P.S-Naugachia, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav, Advocate.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Naugachia P.S. Case No.176 of 2013 instituted under Sections 364, 120(B), 201, 34 of the Indian Penal Code.

3. As per the prosecution case, father of the informant went missing on 18.07.2013. Subsequently the informant went to the house of husband of Panchayat Mukhiya and came to know that his father took breakfast on the roof of one Subhash Thakur and thereafter went in the company of co-accused Anoj Kumar Yadav. It is further alleged that some witnesses lastly saw the victim in the company of accused persons.

4. Learned counsel for the petitioners submits that petitioners are innocent have falsely been implicated in this case. He further submits that petitioners are not named in the F.I.R.

Patna High Court CR. MISC. No.88906 of 2024(2) dt.08-01-2025 2/2 rather their names has come in the confessional statement of coaccused Anoj Kumar Yadav, further no material was found against the petitioners during the course of investigation. Learned counsel submits that the learned concerned Court has taken cognizance against the petitioners also. He further submits that petitioners have no criminal antecedent and they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M. 1st Naugachia, Bhagalpur/ concerned Court in connection with Naugachia P.S. Case No.176 of 2013, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T