IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82866 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- BAHADURPUR District- Patna ====================================================== Akash Kumar Gupta son of Manoj Kumar Gupta @ Manoj Prasad Gupta village- 26, Shivpur, tikia toli, mahendru, Ps- Bahadurpur, dist- patna ... ... Petitioner/s Versus THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 31-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Bahadurpur P.S. Case No. 152/2024 dated 06.04.2024 registered for the offence punishable u/s 302 of the Indian Penal Code. 3. As per the prosecution case, the informant got information that an unknown dead body was lying near New Central High School at Rampur Nahar. When the informant reached there, a dead body shrouded in sack was found in the nahar and with the help of local they managed to get the dead body out of the nahar. 4. Learned counsel for the petitioner has submitted Patna High Court CR. MISC. No.82866 of 2024(3) dt.31-10-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in this case during the course of investigation. The charge-sheet has already been submitted against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The co-accused, Vishnu Kumar @ Mama has already been granted regular bail by this Court vide order dated 10.09.2024 passed in Cr. Misc. No. 61269 of 2024. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that as per para-59 of the case diary, on 04.04.2024, C.C.T.V. footage near Sahpur Professor Colony was verified and found that the petitioner and the co-accused Chhotu Kumar were going towards Rampur canal carrying the dead body in a sack. As per para-125 of the case diary, there was talk between the petitioner and the co-accused persons, Chhotu Kumar and Vishnu Kumar through their mobile numbers at the time and date of the occurrence. Earlier, the regular bail application of the co-accused, Chhotu Kumar was rejected by this Court vide Patna High Court CR. MISC. No.82866 of 2024(3) dt.31-10-2025 3/3 order dated 17.01.2025 passed in Cr. Misc. No. 85203 of 2024. 6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner. It is not fit case for anticipatory bail of the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected and the petitioner is directed to surrender before the Court below concerned within six weeks from the date of this order and pray for regular bail, the learned Court below shall consider the prayer for regular bail of the petitioner in accordance with law without being prejudiced by this order. 7. This application is rejected. shivam/- (Chandra Prakash Singh, J) U T