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Patna High CourtCR. MISC./14858/2023allowed

Alok Kumar @ Braj Bhushan Kumar v. The State Of Bihar

2023-05-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14858 of 2023 Arising Out of PS. Case No.-72 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== ALOK KUMAR @ BRAJ BHUSHAN KUMAR Son of Ajay Mahto R/vHariharpur, P.s.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code pending in the learned court below.

As per the prosecution case, co-accused Amarjeet Kumar @ Fekan Mahto kidnapped the minor daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is only a relative of the co-accused Amarjeet Kumar @ Fekan Mahto. He submits that there is no specific overt act against the petitioner. He

Patna High Court CR. MISC. No.14858 of 2023(2) dt.12-05-2023 2/2 further submits that similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 14.11.2022 passed in Cr. Misc. No. 33140/2022. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sonbarsa P.S. Case No.72/2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T