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Patna High CourtCR. MISC./51412/2021allowed

Sushil Kumar Biswash v. The State Of Bihar

2022-06-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51412 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- AAJAM NAGAR District- Katihar ====================================================== SUSHIL KUMAR BISWASH SON OF UNLU BISWASH R/O VILLAGEMAHABBATPUR P.S- AZAMNAGAR, DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 341, 323, 307, 120B, 504 & 506/34 of the Indian Penal Code and Section 25 (1-b)a/26/27/35 of the Arms Act.

The allegation against the petitioner is that he is the conspirator of the occurrence rather than a direct perpetrator. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.51412 of 2021(3) dt.21-06-2022 2/2 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous enmity. As a matter of fact, petitioner is son-in-law of the informant and due to family dispute he has been roped in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) 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 Azamnagar P.S. Case No. 126 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