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Patna High CourtCR. MISC./13684/2023allowed

Vikash Kumar v. The State Of Bihar

2023-05-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13684 of 2023 Arising Out of PS. Case No.-295 Year-2019 Thana- MANJHI District- Saran ====================================================== VIKASH KUMAR S/O OM PRAKASH @ OM PRAKASH BIN Resident of village- Bhabhauli, P.S.- Manjhi, District- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 324, 380, 427, 376, 511 of the Indian Penal Code.

Allegedly, the petitioner alongwith other co-accused persons went to the shop of the informant. The accused persons tried to outrage the modesty of the informant. It is alleged that the petitioner inflicted knife blow upon the informant due to which she sustained injury on her hand.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.13684 of 2023(2) dt.12-05-2023 2/2 petitioner. He further submits that the occurrence took place on 13.07.2019 and the FIR was lodged on 19.07.2019 i.e. after a delay of six days, without giving plausible explanation regarding the said delay. The specific allegation is against the co-accused Vikas Yadav and Sukhari Yadav. He further submits that no person is injured in the present case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Manjhi P.S. Case No.295 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T