Anish Kumar @ Anish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37099 of 2020 Arising Out of PS. Case No.-275 Year-2018 Thana- KHAGAUL District- Patna ====================================================== ANISH KUMAR @ ANISH S/o Chandrashen Kumar @ Chandrashen Singh Resident of Village- Chechaul, P.S.- Naubatpur, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 302/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the accused persons came on motorcycle and co-accused Rupak Sharma fired upon the husband of the informant by pistol. During course of treatment, the husband of the informant died in the Hospital. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.02.2020. Charge sheet has

Patna High Court CR. MISC. No.37099 of 2020(2) dt.02-02-2021 2/2 been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The specific allegation in the F.I.R. is against the co-accused Rupak Sharma, who is said to have fired upon the deceased. There is no allegation of assault alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in connection with Khagaul P.S. case No.275 of 2018. (Sudhir Singh, J) Narendra/- U T