Vikesh Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13542 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- CHIRAIYA District- East Champaran ====================================================== 1.
VIKESH KUMAR @ VIKASH KUMAR SON OF RAMAKANT SINGH R/O VILLAGE- SEMARA, P.S.- CHIRAIYA, DISTRICT- EAST CHAMPARAN 2.
RANJAY SINGH @ RANJAY KUMAR SINGH SON OF GAJENDRA SINGH R/O VILLAGE- BISHAMBHARPUR, P.S.- DHAKA, DISTRICTEAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Adv For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in a case registered for the offence punishable under section 341, 323, 324, 308, 379, 504 and 506/34 of the Indian Penal Code. Allegedly, the petitioners and other accused persons abused and assaulted the informant by means of iron rod due to which he sustained injuries. When his family came to rescue
Patna High Court CR. MISC. No.13542 of 2022(2) dt.04-08-2022 2/3 him, all the accused persons attacked them with various weapons.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners and informant are next door neighbours. He further submits that the government land which is situated in front of house of the petitioner no.1 was being encroached by the informant as a result of which a scuffle took place between them. The injuries are simple in nature. Petitioners have no criminal antecedent, which is also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the
Patna High Court CR. MISC. No.13542 of 2022(2) dt.04-08-2022 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Chairaiya P.S. Case No.332 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T