Vivek Kumar Alias Bhako v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18336 of 2021 Arising Out of PS. Case No.-519 Year-2014 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vivek Kumar Alias Bhako Son Of Harendra Ray R/O Village Hathsarganj Ps Hajipur Town District Vaishali At Hajipur ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra For the Opposite Party/s :
Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 519/2014 registered for the offence punishable under Sections 147, 341, 342, 323, 307, 379 of the Indian Penal Code. As per the prosecution case, allegation against the petitioner is that petitioner along with other co-accused persons named in the F.I.R. including five to six other unknown persons are alleged to have surrounded the informant and when the informant forbid, all the accused persons are alleged to have assaulted him brutally as a result of which he sustained injury. They also looted a gold chain a sum of Rs. 20,000/-.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.18336 of 2021(2) dt.19-07-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that from the perusal of the F.I.R., it is crystal clear that there is no specific allegation attributed against the petitioner. He submits that the petitioner was arrested by the Police in Raja Pakar P.S. Case No. 25/2020 on 10.02.2020 only on suspicion and thereafter remanded in this case on 23.05.2020. He further submits that the charge sheet has been submitted in the present case under Section 341, 342, 323, 379/34 of the Indian Penal Code. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as has been mentioned in para 3 of the bail application and he is languishing in custody since 23.05.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Hajipur Town P.S. Case No. 519 of 2014.
(Anjani Kumar Sharan, J) GAURAV S./- U T