Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7759 of 2023 Arising Out of PS. Case No.-106 Year-2020 Thana- ARWAL District- Jehanabad ====================================================== VIKASH KUMAR Son of Munda Sardar @ Shivdhar Singh Residence of Village - Saidpur Dhawa, Bhusabala Par, P.S.- Arwal, Dist.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitya Nand Neeraj, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard Mr. Nitya Nand Neeraj, learned counsel for the petitioner and Mr. Arun Kumar Pandey, learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail in connection with Arwal PS Case No. 106/2020 dated 20.03.2020 registered for the offence punishable under Sections 448, 147, 148, 323, 379, 504, 506, 387 of the IPC.
3. As per First Information Report, one Sri Ram Transport company, Arwal had released a vehicle in the name of one Saddam Alam on loan and due to non payment of installment of the loan amount, the Company seized the vehicle from the said Saddam. It has further been alleged that on 19.03.2020, the petitioner along with co-accused persons fifteen in number arrived at the Branch Office of the Company and gave threatening of dire consequences. Again on 20.03.2020 in
Patna High Court CR. MISC. No.7759 of 2023(2) dt.03-05-2023 2/3 the evening, the petitioner along with other accused persons fifteen in number attacked the informant with Lathi, Danda and iron rods and threatened to kill him. Lastly, the accused persons snatched mobile, purse, gold chain, gold ring and one Lac settlement amount.
4. Learned counsel for the petitioner submits that the vehicle was given on loan not in favour of the petitioner but in favour of co-accused, Saddam. He further submits that allegation against the petitioner is not specific and only general and omnibus allegation has been levelled against him. The bail application of the petitioner has been rejected by the learned Sessions Judge only on the ground that petitioner has got criminal antecedent. One of the co-accused, namely, Abhishek Ranjan who happens to be Mukhiya has been granted bail by the court below itself.
5. Regards being had to the submissions made by the parties and taking into consideration the fact that the general and omnibus allegation has been made against the petitioner, he is in custody since 09.11.2022 and the charge-sheet has already been submitted in the matter, I am inclined to grant regular bail to the petitioner.
6. Accordingly, let the petitioner, VIKASH KUMAR
Patna High Court CR. MISC. No.7759 of 2023(2) dt.03-05-2023 3/3 be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal PS Case No. 106/2020.
(Anil Kumar Sinha, J) perwez U T