Bikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14251 of 2023 Arising Out of PS. Case No.-191 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== 1.

BIKKI KUMAR S/O VINAY YADAV Resident of village- Panditbigha, P.S.- Parasbigha, District- Jehanabad 2.

RAHUL KUMAR S/O VINAY YADAV Resident of village- Panditbigha, P.S.- Parasbigha, District- Jehanabad 3.

BIPIN KUMAR S/O VINAY YADAV Resident of village- Panditbigha, P.S.- Parasbigha, District- Jehanabad ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners, in the present case, are seeking prearrest bail in connection with Parasbigha P.S. Case No. 191 of 2021 registered for the offences punishable under Sections 341, 323, 308, 354, 379, 506/34 of the Indian Penal Code. By filing a supplementary affidavit it is stated that petitioner no. 1 and 2 have got one criminal antecedent whereas petitioner no. 3 has no criminal antecedent.

As per the prosecution story, while the informant was going to her old house in the meantime co-accused Vinay yadav caught her hand with malafide intention and on her cry when

Patna High Court CR. MISC. No.14251 of 2023(2) dt.18-05-2023 2/3 her husband came there co-accuse dShankar Kumar assaulted by means of iron khanti indiscriminately with intention to kill. Her husband sustained fracture injury on his right leg. Learned counsel for the petitioners submits that there is general and omnibus allegation against these petitioners, however there was a dispute with regard to drainage between the parties.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

Having regard to the facts and circumstances of the case wherein the thrust of the allegations are against the coaccused Shankar Kumar who is said to have assaulted by Khanti, these petitioners against whom there are general and omnibus allegation, this Court, therefore, directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jahanabad in connection with Parasbigha P.S. Case No. 191 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.14251 of 2023(2) dt.18-05-2023 3/3 And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U