Vikash Kumar @ Bikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12097 of 2020 Arising Out of PS. Case No.-334 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vikash Kumar @ Bikas Kumar Son of Ram Bilash Yadav Resident of Village - Kankoul, P.S.- Muffasil, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr.Dr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Begusarai Mufassil P.S. Case no. 334 of 2017 registered under sections 147, 148, 149, 341, 323, 504, 353, 307 and 427 of the Indian Penal Code.

As per allegation in the FIR, an accident took place wherein one person died and one was seriously injured. It is stated that there was a gathering of large number of persons who started creating chaos and damaging public property. In the process one of the constable sustained injuries on his head and was sent to the hospital for treatment. The petitioner happens to be one of the eight accused persons along with Ajay Yadav who has been named in the FIR amongst the persons who were creating chaos.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false. So far as the injury on the person of Mukesh Kumar is concerned, from perusal of the injury report as contained in Annexure 2, it would

Patna High Court CR. MISC. No.12097 of 2020(2) dt.02-07-2020 2/2 be evident that the same is simple in nature. Petitioner has no criminal antecedent and his case stands on a similar footing to that of co-accused Ajay Yadav who has been enlarged on bail vide order dated 16.11.2019 (Annexure 3) passed in Cr. Misc. no. 70809 of 2019.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Mufassil P.S. Case no. 334 of 2017 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U