Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26037 of 2021 Arising Out of PS. Case No.-543 Year-2020 Thana- GARKHA District- Saran ====================================================== 1.

VIKASH KUMAR Son of Chandra Shekhar Singh @ Dara Singh Resident of Village - Saiyad Saray, P.S.- Garkha, District - Saran 2.

Ranjan Kumar Son of Chandra Shekhar Singh @ Dara Singh Resident of Village - Saiyad Saray, P.S.- Garkha, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard Mr. Mukesh Kumar Singh, learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Garkha P. S. Case No. 543 of 2020 instituted for the offences under Sections 341, 447, 448, 323, 307, 379 and 504/34 of the Indian Penal Code.

The petitioners are said to have taken part in the assault. It has been alleged that petitioner no.1 wrapped a cloth around the neck of one of the victims, whereas petitioner no.2 assaulted one Nitesh by means of an iron khanti. The injuries suffered by the victims are reported to be simple in nature.

Patna High Court CR. MISC. No.26037 of 2021(2) dt.13-01-2022 2/2 Learned counsel for the petitioners has submitted that there is a counter version of the occurrence also vide Garkha P.S. Case No. 546 of 2020 which has been recorded by one of the co-accused persons of this case namely Kewal Devi. The informant is the own uncle of the petitioners. There is a pending land dispute between the parties and a Title Suit No. 120 of 2006 is pending before a competent court of law. In the aforesaid background, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saran, Chapra in connection with Garkha P.S. Case No. 543 of 2020, subject to the condition as laid down under Section 438 (2) Cr. P.C. The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T