Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10738 of 2022 Arising Out of PS. Case No.-57 Year-2020 Thana- PUSA District- Samastipur ====================================================== MANISH @ MANISH KUMAR SINGH Son of Late Ashok Kumar Singh Resident of Village- Nirpur, P.S.- Muffasil, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pusa P.S. Case no. 57 of 2020 instituted for the offence under Section 392 of the IPC and 27 of the Arms Act. As per allegation in the FIR, while the informant along with his friend was returning from branch after collecting money, he was that three accused persons were standing on road and pushed his motorcycle down as a result of which he received injury. It is further alleged that accused persons broke the Dikki of his motorcycle and looted Rs. 53,656/-, a tab and scanner. They fired upon the informant

Patna High Court CR. MISC. No.10738 of 2022(3) dt.09-11-2022 2/3 which hit none and they ran away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegation has been levelled against the petitioner. On the date of occurrence, petitioner was in Gujrat for his livlihood and he has been implicated in this case due to previous enmity and land dispute. The name of the petitioner has been disclosed in this case by the apprehended co-accused Manjay Lal before the police, which has got no evidentiary value in the eye of law. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pusa P.S. Case no. 57 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur subject to the conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.10738 of 2022(3) dt.09-11-2022 3/3 the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U