Anu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26475 of 2021 Arising Out of PS. Case No.-75 Year-2019 Thana- TELHARA District- Nalanda ====================================================== 1.

ANU KUMAR.

2.

PARMANU KUMAR Both sons of Surendra Raut @ Surendra Kumar, R/O Village - Dahour Bigha, P.S. - Telhara, District - Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Kumar, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners apprehend their arrest in connection with Telhara P.S. Case No. 75 of 2019 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

In paragraph no.7 of this bail petition, it has been stated as follows:- "7. That after institution of the case police found the case true only against co-accused Surendra Raut and Gita Devi and submitted charge sheet only aforesaid both co-accused persons."

Patna High Court CR. MISC. No.26475 of 2021(3) dt.30-03-2022 2/2 In view of above statement of the petitioners that the final form was submitted by the Police exonerating the petitioners, the present anticipatory bail application is allowed. Accordingly, let the petitioners, above named, be released on bail, in the event of their arrest or surrender before the Court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Hilsa (Nalanda), in connection with Telhara P.S. Case No. 75 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

While accepting the bail bonds of the petitioners, the Court below shall verify the statement of the petitioners that the final form was submitted by the police exonerating the petitioners. If the aforesaid statement is found to be true then, the bail bonds of the petitioners shall be accepted by the Court below. If the aforesaid statement is found to be false, in such a situation, the Court below shall not accept the bail bonds of the petitioners and they shall be taken into custody. (Sandeep Kumar, J) pawan/- U T