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Patna High CourtCR. MISC./3084/2022allowed

Brajesh Kumar @ Brajesh Yadav v. The State Of Bihar

2022-07-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3084 of 2022 Arising Out of PS. Case No.-325 Year-2020 Thana- HILSA District- Nalanda ====================================================== Brajesh Kumar @ Brajesh Yadav Son Of Satyendra Kumar Singh Resident Of Village- Bhat Bigha, P.S.- Hilsa, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is specific allegation of firing against co-accused Udesya Gope due to

Patna High Court CR. MISC. No.3084 of 2022(2) dt.12-07-2022 2/2 which the deceased died. He submits that during investigation, the police submitted final form against the petitioner but the learned court below has taken cognizance against the petitioner without assigning any reason. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner is no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hilsa P.S. Case No. 325 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T