Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48321 of 2021 Arising Out of PS. Case No.-106 Year-2021 Thana- ATHMALGOLA District- Patna ====================================================== 1.

AVINASH KUMAR S/O ARUN DAS @ ARUN PASWAN R/o villageGanjpar, P.S.- Athmalgola, District- Patna 2.

VICKY KUMAR S/O ARUN DAS @ ARUN PASWAN R/o villageGanjpar, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 447, 427, 504 & 506/34 of the Indian Penal Code. While the informant was in her house along with her family members, all the named accused including these petitioners entered into the house and tried to broke open her box and when they made protest they assaulted her husband and

Patna High Court CR. MISC. No.48321 of 2021(2) dt.25-04-2022 2/2 children.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to previous enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that this false and frivolous case has been lodged only with an intent to malign their reputation. Petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Athmalgola P.S. Case No.106 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T