Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44249 of 2021 Arising Out of PS. Case No.-133 Year-2020 Thana- TARAPUR District- Munger ====================================================== 1.

AJAY KUMAR S/o SRI ANIRUDH TANTI R/o VILLAGE-BHARKHO, P.S- AMARPUR, DISTRICT- BANKA.

2.

KAJAL DEVI W/o AJAY KUMAR, D/o GUNJO DEVI R/o VILLAGEBHARKHO, P.S- AMARPUR, DISTRICT- BANKA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suman Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2022 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 364/34 of the IPC. The allegation against the petitioners is of killing the son of the informant under some conspiracy.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case only on the basis

Patna High Court CR. MISC. No.44249 of 2021(2) dt.13-04-2022 2/2 of suspicion. No such occurrence as alleged has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is no eyewitness to the alleged occurrence. Petitioners have no concern with the deceased. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioners in the FIR, let the above named petitioners, be released on bail, in the event of their 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) 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 Tarapur P.S. Case No.133/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T