Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15803 of 2020 Arising Out of PS. Case No.-286 Year-2018 Thana- PALIGANJ District- Patna ====================================================== ANIL KUMAR S/o Late Raja Yadav R/o Village-Lachhu Bigha, P.SParasbigha, District-Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Daya Shanker Prasad For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the brother of the informant, namely, Rajesh Roshan after collecting money was returning to his house and when he reached near Devi Asthan, 3-4 unknown criminals came on motorcycle and shot his brother dead. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.15803 of 2020(4) dt.21-10-2020 2/2 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in this case on confessional statement of co-accused Ranjeet Kumar. Except for this, there is no other substantive evidence to suggest his implication in this case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. case No.286 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T