Anurag Kumar @ Sunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32507 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -TEGHRA District- BEGUSARAI ====================================================== Anurag Kumar @ Sunny, son of Sri Lallan Kumar, resident of Village/Mohalla- Pirhauli, P.S.- Teghra, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Chandra For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 341/323/337/302/120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire case against the petitioner is false and motivated and has been lodged on account of political vendetta. It is submitted that the petitioner was a candidate in the local Panchayat Election and that the informant's side had, in fact, a dispute with one Rama Krishan and his family members which is indicated in Annexure-3 i.e. another First Information Report (Teghra P.S. Case No. 339 of 2015). He further submits that from a bare perusal of the First Information Report, it reveals that the only allegation against this

Patna High Court Cr.Misc. No.32507 of 2016 (2) dt.16-08-2016 P2/2 petitioner is that after occurrence, the accused persons came to the house of Lalan Rai, father of the present petitioner. No overt act has been attributed to them.

Having considered the submissions of the parties including that of the informant who resisted the present application, I find that save and except, the allegation that the petitioner is the son of the said Lalan Rai in whose house the accused persons had gone after the occurrence, there is no other material to implicate their complicity in the occurrence. As such, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 115/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T