Manu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51980 of 2022 Arising Out of PS. Case No.-19 Year-2021 Thana- PARSA District- Saran ====================================================== 1.
MANU KUMAR Son of Pramodi Sah Resident of Village - Parsa Mathura, P.s.- Parsa, Distt.- Saran.
2.
Pramodi Sah @ Pramod Sah Son of Late Rajendra Sah Resident of Village - Parsa Mathura, P.s.- Parsa, Distt.- Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh, Adv.
For the Opposite Party/s :
Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code pending in the learned court below.
All the accused persons are said to have killed the son of the complainant.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that the occurrence took place on 05.08.2020 but the FIR lodged on 15.01.2021 after a delay of four months. He submits that there is no any explanation for the
Patna High Court CR. MISC. No.51980 of 2022(4) dt.13-03-2023 2/2 delay in filing of the present FIR which creates serious doubt about the prosecution case. He further submits that only on the basis of the suspicion the petitioners have been made accused in the present case. He submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstance and the fact that there is delay in filing of the present FIR and there is no any explanation of it, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Parsa (Saran) P.S. Case No.19/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T