Kripal Shukla @ Brijmohan Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30691 of 2024 Arising Out of PS. Case No.-283 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== 1.

Kripal Shukla @ Brijmohan Shukla SON OF LATE DAROGA SHUKLA RESIDENT OF VILLAGE- JALALPUR, P.S.- JAMO BAZAR, DISTRICT - SIWAN.

2.

SURESH SHUKLA SON OF LATE DAROGA SHUKLA RESIDENT OF VILLAGE- JALALPUR, P.S.- JAMO BAZAR, DISTRICT - SIWAN. 3.

VIVEK SHUKLA @ VIVEK KUMAR SHUKLA SON OF JAIPAL SHUKLA RESIDENT OF VILLAGE- JALALPUR, P.S.- JAMO BAZAR, DISTRICT - SIWAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 427, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that the police, after threadbare investigation, submitted final form in favour of the petitioners being Final Form No. 18/23, dated 05.02.2023 but the learned Magistrate

Patna High Court CR. MISC. No.30691 of 2024(2) dt.21-06-2024 2/2 differing with the police report took cognizance. It is next submitted that when one investigating agency, after threadbare investigation, came to a considered conclusion that petitioners are innocent, whether it would be prudent for the Court to send the petitioners to jail as cognizance has been taken based on the same investigation.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jamo Bazar P.S. Case No. 283 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T