Gyani Kumar @ Gyani Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42248 of 2022 Arising Out of PS. Case No.-625 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== GYANI KUMAR @ GYANI RAJ Sonof Surrendra Rai Resident of Village - Dighi Kala West, P.S.- Hajipur Sadar, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rohit Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1-A)(1-AA), 26, 27 and 35 of the Arms Act.

Allegation against the petitioner is that on the event of election of Bihar Vidhan Sabha 2020, he along with other co-accused persons is said to have fired near the house of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that police has tried to save Sunil Rai and others as they are high class people which will be apparent from the fact that in seizure

Patna High Court CR. MISC. No.42248 of 2022(2) dt.28-11-2022 2/2 list there is signature of Sunil Rai and his son and there is no other independent witnesss of the P.O. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 03.11.2022 passed in Cr. Misc. No. 14108/2022. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) 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 Hajipur Sadar P.S. Case No. 625 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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