Ajay Kumar @ Ajay Sah @ Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13961 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- TARIYANI CHOWK District- Sheohar ====================================================== AJAY KUMAR @ AJAY SAH @ AJAY KUMAR SAH S/o- VISHWNATH SAH Resident of Narwar, Sharifnagar Urf, Gaurspur, P.S.- Tariyani, DisttSheohar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 188, 269, 270, 341, 323, 353 of the Indian Penal Code and 51 of the D.M. Act, 2005. The prosecution case in short is that the accused persons violated the rules of lockdown and misbehaved with the police officials.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.13961 of 2021(2) dt.09-12-2021 2/2 petitioner. The petitioner has been made accused due to mistake of fact. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The name of the petitioner has transpired on the basis of disclosure made by local chowkidar. Except for this, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned learned A.C.J.M. -II, Sheohar in connection with Tariyani P.S. Case No. 72 of 2020, G.R. No. 461 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T