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Patna High CourtCR. MISC./51135/2022allowed

Sunil Kumar @ Sunil Yadav v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51135 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Sunil Kumar @ Sunil Yadav S/O Chalitar Yadav Resident Of Village- Dighera (Morkahi), Ward No- 14, P.S.- Madhepura (Ghailarh O.P.), DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 307, 504, 506, 34 of the Indian Penal Code and Section 25 (1-b)a, 26, 27 Arms Act.

As per FIR, petitioner and two unknown criminal came on the Darwaja of the informant and started abusing him. On objection, they fired upon the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is no specific

Patna High Court CR. MISC. No.51135 of 2022(2) dt.12-12-2022 2/2 overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has four criminal antecedent as stated in para-2 of the supplementary affidavit. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, 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 Madhepura (Ghailarh OP) P.S. Case No. 124 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ishika/- U T