Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13300 of 2020 Arising Out of PS. Case No.-411 Year-2019 Thana- FATUA District- Patna ====================================================== 1.

Binay Kumar S/o Rajballabh Singh Resident of Village- Oriyara, P.S.- Dhanarua, Distt- Patna.

2.

Krishna Kumar @ Bhajju Kumar S/o Brij Bihari Singh Resident of VillageOriyara, P.S.- Dhanarua, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Fatuha P.S. Case No. 411 of 2019 registered for the offence under Sections 302/201/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of petitioners that petitioners are not named in the F.I.R. Name of the petitioners has come during course of investigation. Petitioners have falsely been implicated in this case due to previous enmity and save & except suspicion, there is nothing against the petitioners. It is further submitted that there is no eye-witness to the occurrence. It is also submitted that co-accused namely Ashok Kumar @

Patna High Court CR. MISC. No.13300 of 2020(2) dt.05-03-2020 2/2 Ashok Sharma has already been granted anticipatory bail by this Court, vide order dated 18-12-2019 passed in Cr.Misc. No. 68899 of 2019 (Annexure 2 to the petition).

Considering the aforesaid facts and circumstances as well as the fact that one co-accused has already been granted bail, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City (Patna) in connection with Fatuha P.S. Case No. 411 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T