Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28138 of 2021 Arising Out of PS. Case No.-487 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

VISHAL KUMAR Son of Vijay Kumar @ Vijay Kumar Gupta @ Vijay Kumar Jaishwal Resident of Village - Mohalla Adarsh Nagar, Anand Hotel Gali Ward no.14, P.S.- Chhatauni, Distt.- East Champaran. 2.

Vikash Kumar @ Vikash Kumar Gupta Son of Vijay Kumar @ Vijay Kumar Gupta @ Vijay Kumar Jaishwal Resident of Village - Mohalla Adarsh Nagar, Anand Hotel Gali Ward no.14, P.S.- Chhatauni, Distt.- East Champaran. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Singh, Advocate.

Mr. Sumeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioners is that they

Patna High Court CR. MISC. No.28138 of 2021(2) dt.03-01-2022 2/2 along with other co-accused are said to have killed the brother of the informant.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. There is no eye witness in this case. The name of the petitioners transpired in this case only on the basis of the talk of neighbours. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are own brothers and have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chhatauni P.S. Case No.487 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T