Guddu Kumar Rai @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42199 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- JURAWANPUR District- Vaishali ====================================================== GUDDU KUMAR RAI @ AJIT KUMAR Son of Arjun Kumar Ray Resident of Ward No. 5, Village - Paharpur, P.S. - Jurawanpur, District - Vaishali -844508 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 379, 427, 504 and 506 of the Indian Penal Code.

The prosecution case, in short, is that the petitioner assaulted the informant due to which he sustained injury. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. In the alleged

Patna High Court CR. MISC. No.42199 of 2021(2) dt.20-05-2022 2/2 occurrence, the petitioner is said to have used the butt of the gun. There is no allegation of repetition of the same. The petitioner has not fired upon the informant which itself shows that he had no intention to commit murder. Further it has been pointed that informant has taken Rs. 1.5 lakh from the father of the petitioner on the assurance that he will return the money shortly but the same has not been returned and in order to mount pressure, the present case has been lodged.

On behalf of the State, it is submitted that the petitioner is 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 A.C.J.M.- IX, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 63/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T