Vipin Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8405 of 2020 Arising Out of PS. Case No.-390 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== VIPIN SHAHI Son of Sachita Nand Shahi Resident of Village- Balthari, P.S.- Kuchaikote, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Khurshid Anwar Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP appearing for the State. This is an application for grant of anticipatory bail in connection with Kuchaikote P.S. Case No. 390 of 2019 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code. The accusation against the accused persons is of assaulting the daughter of the informant on account of certain disputes having cropped up in between the parties.

Patna High Court CR. MISC. No.8405 of 2020(3) dt.24-06-2020 2/3 The learned counsel for petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that the injury report of the daughter of the informant would show that the specific overt act attributed to the petitioner herein has not resulted in any serious injuries, hence, benefit of doubt can be granted to the petitioner herein for the purposes of grant of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regarding to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and a general and omnibus allegation has been levelled against him, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of

Patna High Court CR. MISC. No.8405 of 2020(3) dt.24-06-2020 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S.Case No. 390 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the anticipatory bail shall stand cancelled automatically. (Mohit Kumar Shah, J) Ajay/- U T