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Patna High CourtCR. MISC./10425/2024allowed

Bikash Kumar @ Vikesh Kumar v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10425 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.

Bikash Kumar @ Vikesh Kumar S/O Sachidanand Yadav R/O VillageKhemtarni Sthan, Ps. Suryagarha, Dist. Lakhisarai. 2.

Nitish Kumar S/O Late Nandlal Yadav R/O Village- Khemtarni Sthan, Ps. Suryagarha, Dist. Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his brother.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.10425 of 2024(2) dt.22-02-2024 2/2 there is case and counter case between the parties and both sides have sustained injuiry. He further submits that the injury was found simple in nature, it is clear from the impugned order itself. Petitioner no. 1 has three criminal antecedents and petitioner no. 2 has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that there is case and counter case between the parties, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Suryagarha P.S. Case No.14 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T