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Patna High CourtCR. MISC./52084/2022allowed

Jai Kishun Patel v. The State Of Bihar

2022-12-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52084 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== JAI KISHUN PATEL SON OF BIDESHI PATEL RESIDENT OF GANDHI NAGAR, P.S.- GHORASAHAN, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53050 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== MUKESH KUMAR Son of Late Gorakh Sah Resident of Gandhi Nagar, P.S.- Ghorasahan, District - East Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 52084 of 2022) For the Petitioner/s :

Mr.Suresh Prasad Bhakta For the Opposite Party/s :

Mr.Jitendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 53050 of 2022) For the Petitioner/s :

Mr.Suresh Prasad Bhakta For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Patna High Court CR. MISC. No.52084 of 2022(2) dt.13-12-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506, 324 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is specific overt act against the petitioner in Cr. Misc. No.53050/2022. He submits that Mukesh Kumar runs business establishment in stilled as M.S. Auto Engineering work shop at Ghorashan and the petitioner in Cr. Misc. No.52084/2022 is a working staff in aforesaid establishment. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in Cr. Misc. No. 52084/2022 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 Ghorasahan P.S. Case No.

Patna High Court CR. MISC. No.52084 of 2022(2) dt.13-12-2022 3/3 Section 438 (2) of the Cr.P.C.

So far as petitioner in Cr. Misc. No. 53050/2022 is concerned, there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Ghorasahan P.S. Case No. 151/2022. Accordingly, his application for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T