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Patna High CourtCR. MISC./14749/2023bail granted

Vikky Kumar v. The State Of Bihar

2023-06-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14749 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- SAHAJITPUR District- Saran ====================================================== 1.

VIKKY KUMAR Son of Ramayan Rai Resident of Vill.- Medhuka, P.S.- Sahajitpur, District - Saran at Chhapra 2.

Vikash Kumar Ray @ Vikash Kumar @ Vikash Rai Son of Ramayan Rai Resident of Vill.- Medhuka, P.S.- Sahajitpur, District - Saran at Chhapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Anis Akhtar, Advocate Mr. Rananjay Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

For the Informant :

Mr. Ravi Rohit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard the parties.

Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 337, 338, 504, 302, 307 of the Indian Penal Code. As per prosecution case, there was some dispute between the prosecution party and accused persons and after mediation, dispute had been resolved. Later on, it is alleged that while cousin of the informant was on his way, he has been attacked by all the F.I.R. named accused persons including these petitioners and was beaten mercilessly. Thereafter, he was taken to hospital for treatment where he succumbed to injuries. Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.14749 of 2023(3) dt.27-06-2023 2/2 that there is land dispute between the parties due to which a free fight took place in which both sides sustained injuries. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Case and counter case. Petitioners are students and they have got clean antecedent.

Learned counsel for the informant vehemently opposes the bail application.

Considering the aforesaid facts and nature of allegation, this anticipatory bail is allowed and it is ordered that the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Saran at Chapra in connection with Sahajitpur P. S. Case No. 104 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T