Vikrama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5251 of 2023 Arising Out of PS. Case No.-160 Year-2022 Thana- TARARI District- Bhojpur ====================================================== 1.

Vikrama Singh S/o Late Kapil Singh Resident Of Village- Karath, P.S.- Tarari, Distt- Bhojpur.

2.

Vikash Kumar S/o Vikrama Singh Resident Of Village- Karath, P.S.- Tarari, Distt- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Bharat Bhushan APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code. As per the prosecution case, petitioner no. 1 assaulted one Ashok Singh with lathi and petitioner no. 2 and co-accused Rahul Kumar assaulted him by butt of pistol.

It is submitted that both parties are co-villagers and due to land dispute the alleged occurrence took place. There is case and counter case. Both sides sustained injuries. Moreover, the FIR has been lodged after delay of 13 days without any

Patna High Court CR. MISC. No.5251 of 2023(2) dt.09-05-2023 2/2 plausible explanation which itself creates doubt over the veracity of prosecution case.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bhojpur at Ara in connection with Tarari P.S. Case No. 160 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T