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Patna High CourtCR. MISC./10135/2021bail granted

Amit Kumar @Amit Anand v. The State Of Bihar

2021-12-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10135 of 2021 Arising Out of PS. Case No.-434 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Amit Kumar @AMIT Anand S/O- Mukesh Kumar R/O- Village- Purani Bazar Ward No.14, Ps- Lakhisarai, Dist- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr. Nagendra Prasad, APP for the Informant :

Mr. Vijay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

Learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main application in the light of statement made in the supplementary affidavit in course of the day.

The petitioner is apprehending his arrest in a case registered under Sections 302, 120(B), 34 of the Indian Penal Code and 27 of Arms Act.

The prosecution case, in short, is that the deceased was shot dead by the accused persons.

Patna High Court CR. MISC. No.10135 of 2021(3) dt.02-12-2021 2/2 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired merely on the basis of suspicion. There is no other substantive evidence to suggest the implication of the petitioner in this case. Other co-accused has been granted anticipatory bail vide order dated 27.07.2021 passed in Cr. Misc. No. 8289 of 2021.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 434/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T