Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71606 of 2018 Arising Out of PS. Case No.-163 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Ajay Kumar, Son of Bhola Sah, Resident of Village- Lohargaonwan P.S.- Madhuban, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code.

The prosecution case, in short, is that while the informant along with others was on the way, the accused persons, variously armed, forming an assembly assaulted and the informant and others accused persons.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The specific allegation has been made against the co-accused, namely, Dilip Kumar and Raj Kumar. So far the

Patna High Court Cr.Misc. No.71606 of 2018(2) dt.17-12-2018 2/2 petitioner is concerned, general and omnibus allegation has been made against the petitioner. No specific allegation overt act has been alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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 six weeks from today, be released on anticipatory 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 A.C.J.M. IV, East Champaran at Motihari, in connection with Madhuban P.S. Case No. 163 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T