Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50048 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== 1.

NIRAJ KUMAR S/o Shiv Lal Singh R/o village- Bherhariya English, P.S.- Paliganj, District- Patna 2.

RAHUL KUMAR S/o Jagdish Yadav R/o village- Dirpal Bigha English, P.S.- Arwal, District- Arwal ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Prasad For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-08-2022 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, 379, 308 & 506/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place.

Patna High Court CR. MISC. No.50048 of 2021(7) dt.16-08-2022 2/2 Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that chargesheet in this case has been submitted but no cognizance has been taken. Learned counsel for the petitioners further relied upon the judgment in the case of Gauri Shankar Vs. State of Bihar report in 2015 (3) PLJR 618 and submitted that anticipatory bail is maintainable before this Court. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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 Arwal P.S. Case No.301 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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