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Patna High CourtCR. MISC./31162/2021allowed

Vikash Singh v. The State Of Bihar

2022-01-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31162 of 2021 Arising Out of PS. Case No.-20 Year-2018 Thana- GADHPURA District- Begusarai ====================================================== Vikash Singh S/o Sri Manoj Singh R/o village- Koriya, P.S.- Garhpura, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner apprehends his arrest in Garhpura P.S. Case No.20 of 2018, registered for the offences punishable under Sections 341, 307, 506, 120(B), 34 of the Indian Penal Code, Section 27 of the Arms Act as well as Sections 3/4 of the Explosive Substance Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the FIR. On the basis

Patna High Court CR. MISC. No.31162 of 2021(2) dt.20-01-2022 2/2 of confessional statement of co-accused, the petitioner has been made accused in this case. It is submitted that except suspicion, there is no material against the petitioner. None of the accused persons stated about firing by this petitioner. It is further submitted that the co-accused person, Sujit Kumar @ Sujit Kumar Chaurasia has already been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No.42351 of 2019, dated 11.09.2019. Taking into consideration the fact that similarly situated co-accused person has already been granted anticipatory bail, let petitioner, above named, in the event of his arrest or surrender before the learned court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.

25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Garhpura P.S. Case No.20 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T