Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34853 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Suraj Kumar Son Of Surendra Mandal R/O Mohalla- Ramshila, Paroji Gali, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kotwali P.S. Case no. 69 of 2022 instituted for the offence under Sections 302/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

It is alleged by the informant that the accused persons called her son and took him away from her house and after sometime informant heard sound of firing and she started searching her son and found him lying in pool. It is further alleged that the marriage of daughter of her Gotini was solemnized after her kidnapping from the house and on objection raised by the informant and her son, the accused

Patna High Court CR. MISC. No.34853 of 2022(3) dt.13-12-2022 2/3 persons threatened them of dire consequences. It is further alleged that the accused persons always used to instigate to commit such crime.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. He has falsely been made accused in this case on the basis of mere suspicion. It is further submitted that there is no specific material found against the petitioner of participating in committing in this crime. It is further submitted the specific allegation is against co-caused namely, Rahul Kumar.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kotwali P.S. Case no. 69 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.34853 of 2022(3) dt.13-12-2022 3/3 satisfaction of learned Court of Chief Judicial Magistrate, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/- U T