Bhola Kumar @ Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35258 of 2020 Arising Out of PS. Case No.-297 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== BHOLA KUMAR @ ABHINASH KUMAR, Son of Umesh Paswan, resident of village Kharauna, P.S. Lalganj, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr.Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner abducted the daughter of the informant. 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

Patna High Court CR. MISC. No.35258 of 2020(3) dt.14-07-2021 2/3 present case. A number of witnesses examined in course of investigation, whose statements have been recorded in paragraph Nos.7 and 8 of the case diary. They have not named the petitioner. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. The alleged occurrence is said to have taken place on 16.08.2019 and the case was instituted on 22.08.2019. Delay has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. case No.297 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.35258 of 2020(3) dt.14-07-2021 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T