====================================================== Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha For the Opposite Party/s : Mr.Brajendra Nath Pandey ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 24-08-2023

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The learned counsel for the petitioner seeks permission to remove the defect as pointed out by the office.

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The learned counsel for the petitioner is permitted to remove the defect of deficit Court fee during the course of the day.

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 306 of the Indian Penal Code and Section 33/34 of the Bihar Money Landers Act, 1974.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his brother along with his wife and

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Patna High Court CR. MISC. No.28842 of 2023(2) dt.24-08-2023 2/3

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children, altogether six in numbers, consumed poison on account of which, five of them died and one Sakshi Kumari survived. It is further alleged that deceased Kedar Lal Gupta along with his family was engaged in selling fruit juice on the road side and he had told the informant earlier that he had taken loan from some money landers including the petitioner and has returned more than the loan amount by way of interest. It is further alleged that since money landers were demanding their loan amount in excess of which they had loaned, as such, his brother along with his family members committed suicide.

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The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner is not a money lander nor he had given any loan to the brother of the informant. It is next submitted that it is a case under Section 306 of the I.P.C. and the allegation hinges around the fact that accused persons including the petitioner abetted the suicide, but the said allegation is based on suspicion. The learned counsel next submits that similarly situated co-accused Ranjiv Kumar @ Ranjit Singh @ Sanjiv Kumar has been granted the privilege of anticipatory bail by this Court by order dated 01.08.2023 in Cr. Misc. No.37166 of 2023.

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Learned A.P.P. opposes the bail application.

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Patna High Court CR. MISC. No.28842 of 2023(2) dt.24-08-2023 3/3

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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 satisfaction of the learned C.J.M., Nawada in connection with Nawada (Town) P. S. Case No.1378 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

Vikash Kumar v. The State of Bihar

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Vikash Kumar v. The State of Bihar

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