Vikash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24229 of 2015 Arising Out of PS.Case No. -393 Year- 2012 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Vikash Sharma S/o - Naresh Sharma R/o Sareya Ward No.. -5, P.S.- Gopalganj, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Amitesh Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.04.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 324 and 307 of the Indian Penal Code. The prosecution case is that co-accused Ravi Gupta pointed pistol on the chest of the informant and order to kill thereupon co-accused Anil, Vivek and Anupam and this petitioner assaulted with some sharp cutting weapon on the back and abdomen of the informant. It is further alleged that informant took shelter in the house of one Ajay Tiwari then Prakhar Dubey and Ravi Gupta assaulted with sword. Apart from the FIR named accused persons 10-15 also made assault.

Patna High Court Cr.Misc. No.24229 of 2015 (2) dt.20-07-2015 2/2 It is submitted by learned counsel for the petitioner that the informant has received eight injuries, out of which injury nos. 1 to 4 have been found to be caused by hard and blunt substance whereas injury nos. 5,6, 7 have been found to be caused by sharp cutting weapon. The accusation of assault is omnibus and general. Accusation of assault against the petitioner is on the back and the abdomen of the informant, whereas most of the injuries were found on the scalp.

Considering the accusation substantially not being corroborated with the medical opinion and the investigation has already concluded, let the above named petitioner, be released on 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, Gopalganj in connection with Gopalganj P.S. Case No. 393 of 2012.

(Dinesh Kumar Singh, J) DKS/- U T