Anjani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39938 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== ANJANI KUMAR son of Rangnath Singh Resident of Village- Narayanpur, P.S. Naubatpur, District- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Sharma, Adv.
For the Informant Mr. Sarvan Kumar, Adv.
For the State :
Mr. Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioner is that he along with
Patna High Court CR. MISC. No.39938 of 2020(3) dt.26-03-2021 2/3 others surrounded the father of the informant and started firing upon him.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 15.03.2020 at about 6.15 PM and fardbeyan was recorded at 8.50PM on the said day but the FIR was sent to the court on 17.03.2020 and there was no explanation of such inordinate delay in sending the FIR to the Court. He submits that just after the occurrence, petitioner was arrested by the police from his house thereafter confessional statement was recorded by citing the arrest of petitioner in a case of Excise Act. He submits that not a single independent witnesses came forward to support the prosecuiton case. He further submits that petitioner is languishing in judicial custody since 18.03.2020.
Learned counsel for the informant submits that petitioner is the main accused who made firing upon the father of the informant.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.39938 of 2020(3) dt.26-03-2021 3/3 satisfaction of the learned court below where the case is pending in connection with Naubatpur P.S. Case No. 143 of 2020. (Anjani Kumar Sharan, J) devendra/- U T