Subhash Kumar @ Imainul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53245 of 2022 Arising Out of PS. Case No.-179 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== SUBHASH KUMAR @ IMAINUL RAJ Son of Moti Kumar @ Moti Das Resident of Village - Shaheed Bhagat Singh Nagar, East of male Office, Jehanabad, P.S. and Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binoy Kumar For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== 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 Sections 147, 341, 323, 337, 338, 353, 427, 504 & 506 of the Indian Penal Code. The allegation against the petitioner is that he along with other co-accused is said to have pelted stones, obstructed the public servant in execution of the public duty and taken law and order in his hand by attacking on the police party. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.53245 of 2022(2) dt.13-12-2022 2/2 petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, on the date and time of alleged occurrence, the petitioner was not present at the place of occurrence rather only being the full brother of the arrested two accused persons his name has been mentioned in the F.I.R. The injury sustained by the victim is simple in nature. Petitioner has no 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 Jehanabad P.S. Case No. 179 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