Anoj Kumar @ Anuj Kumar @ Anuj Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38085 of 2021 Arising Out of PS. Case No.-366 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== ANOJ KUMAR @ ANUJ KUMAR @ ANUJ SADA S/o Surendra Sada R/o Village- Bherdhari, Ward no.37, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Saharsa Sadar P.S. Case No.366/2020, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case in short is that all the FIR named accused persons armed variously surrounded the son of the informant and one accused fired upon him and when the informant's nephew came for rescue, the petitioner assaulted him by means of farsa.

Patna High Court CR. MISC. No.38085 of 2021(2) dt.28-02-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. The parties are next door neighbors. No such occurrence in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioner. It is evident from perusal of the FIR that no injury was found on the person of the informant or his cousin. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Saharsa Sadar P.S. Case No.366/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.