Anil Das @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27832 of 2020 Arising Out of PS. Case No.-367 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== 1.

ANIL DAS @ ANIL KUMAR Son of Rajendra Das Resident of Village - Basudevpur, P.S.- Kalyanpur, District - Samastipur. 2.

Rajendra Das Son of Late Laxman Das Resident of Village - Basudevpur, P.S.- Kalyanpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2020 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. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Section 302/34 of the Indian Penal Code. Allegedly, while the brother of the informant was coming

Patna High Court CR. MISC. No.27832 of 2020(2) dt.27-11-2020 2/3 to his house for bringing clothes, in the way, the accused persons surrounded him and assaulted brutally with iron rod, as a result of which, the brother of the informant sustained head injury and in course of treatment, he died.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The specific allegation of assault is against coaccused Sunil Das. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 367 of 2019 subject to the

Patna High Court CR. MISC. No.27832 of 2020(2) dt.27-11-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T