Virendra Kumar @ Bilta Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66643 of 2021 Arising Out of PS. Case No.-204 Year-2015 Thana- DULHIN BAZAR District- Patna ====================================================== VIRENDRA KUMAR @ BILTA YADAV Son of Shri Ram Avdhesh Singh Resident of Village- Gulalchak, Sadaweh, P.S.- Dulhin Bazar, District- Patna801102. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Chandra For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

Counsel for the petitioner submits that in paragraph-1 of the petition, the name of the court where the case is pending, has been mentioned as "learned Additional Chief Judicial Magistrate, Danapur" but inadvertently, in the prayer portion, the name of the court has been left to be typed. Accordingly,in the prayer portion of the petition, after the word 'surrender', "to the satisfaction of "learned Additional Chief Judicial Magistrate, Danapur" be treated to

Patna High Court CR. MISC. No.66643 of 2021(3) dt.25-02-2022 2/3 be inserted.

The petitioner is apprehending his arrest in Dulhin Bazar P.S. Case No. 204 of 2015 registered under Sections 147, 148, 149, 341, 323, 283, 332, 333, 307, 353, 427, 152 and 504 of the Indian Penal Code.

Prosecution case in short is that one person died in a road accident by truck. When the dead body was being carried for postmortem, local residents protested against the police. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. An accident took place on road in which a person died. Protest was made by the local residents. Altogether 34 named persons along with 100 unknown persons have been made accused in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is

Patna High Court CR. MISC. No.66643 of 2021(3) dt.25-02-2022 3/3 named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Dulhin Bazar P.S. Case No. 204 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T