Sandeep Kumar @ Sandeep @ Sandeep Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34817 of 2021 Arising Out of PS. Case No.-901 Year-2020 Thana- MADHAURAH District- Saran ====================================================== 1.

SANDEEP KUMAR @ SANDEEP @ SANDEEP KR. Son of Raj Kumar Sharma @ Raj Kumar Turha Resident of Mohalla- Saran Colony, P.S.- Marhowrah, District- Saran.

2.

MUSLIM MIYAN @ MUSLIM KURAISHI S/o- LATE ABDUL BARI Resident of Mohalla- Saran Colony, P.S.- Marhowrah, District- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 379, 411, 34 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons were engaged in cutting iron in sugar mill. It has been submitted on behalf of the petitioners that the petitioner no. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As per

Patna High Court CR. MISC. No.34817 of 2021(2) dt.11-04-2022 2/2 the allegation, the accused persons were trying to commit theft of iron rods in the sugar mill. The name of the petitioner has transpired on the basis of disclosure made by the local residents and the local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. The offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, Saran in connection with Marhowrah P.S. Case No. 901/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T