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Patna High CourtCR. MISC./52996/2022allowed

Jawahar Rai @ Jawahar Lal Kumar @ Jabhar v. The State Of Bihar

2022-12-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52996 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== JAWAHAR RAI @ JAWAHAR LAL KUMAR @ JABHAR Son of Manager Rai R/V- Dhanushi, P.S- Dumra, Dist- Sitamarhi (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Smiti Bharti For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.

Petitioner being named in the F.I.R. having allegation of committing murder of son of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion. There is no eye witness of the occurrence. On the alleged date

Patna High Court CR. MISC. No.52996 of 2022(2) dt.13-12-2022 2/2 of occurrence the petitioner was not present in the village. It is further submitted that there is pending land dispute between the parties. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Dumra P.S. Case No. 71 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T