Vikash Sharma@Vikash Kumar Sharma@Chuha Andanother v. The State Of Bihar

Patna High Court Cr.Misc. No.1777 of 2015 (2) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1777 of 2015 Arising Out of PS.Case No. -356 Year- 2014 Thana -GOPALGANJ CITY District- GOPALGANJ ======================================================

1. Vikash Sharma @ Vikash Kumar Sharma @chuha

2. Vikki @ Vikki Kumar Sharma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 15.01.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Gopalganj Town P. S. case no. 356/2014 registered under section 307, 379 and other allied sections of the IPC.

There is allegation against petitioner no.1 that he gave repeatedly dagger blow to the informant whereas petitioner no.2 is said to have caught hold the informant at the time of alleged occurrence.

The contention on behalf of the petitioners is that informant sustained simple injury which is evident from perusal of annexure 2 to this petition and moreover, compromise has already been arrived at between the parties. It is also pointed out by him that co-accused Bechan has already been granted regular bail. Considering the aforesaid facts and circumstances, submissions of the parties as well as keeping in mind that informant

Patna High Court Cr.Misc. No.1777 of 2015 (2) dt.15-01-2015 sustained sharp cutting injury, I do not think it proper to grant anticipatory bail to petitioner no.1, Vikash Sharma @ Vikash Kumar Sharma @ Chuha and accordingly, his prayer for anticipatory bail stands rejected.

So far as petitioner no.2, Vikki @ Vikki Kumar Sharma, is concerned, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let petitioner no.2 be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in Gopalganj Town P. S. case no. 356/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T