Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17856 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- KARPI District- Jehanabad ====================================================== 1.

VIKASH KUMAR S/o Pratap Paswan Resident of Village- Ghejana, P.S.- Goh, District- Aurangabad.

2.

Md. Azad S/o Md. Hakim Mian Resident of Village- Karpi, P.S.- Karpi, District- Arwal 3.

Anshu Kumar S/o Indal Mochi Resident of Village- Karpi, P.S.- Karpi, District- Arwal 4.

Mahesh Prasad Son of Late Chauki Sao Resident of Village- Karpi, P.S.- Karpi, District- Arwal ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shivendra Prasad, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Karpi P.S. Case No. 177 of 2021 registered for the offence under Sections 147, 149, 151, 152, 188, 341, 353, 336, 504 and 506 of the Indian Penal Code.

Prosecution case, in short is that on 25-09-2021, one

Patna High Court CR. MISC. No.17856 of 2022(2) dt.06-05-2022 2/3 Rajendra Paswan, brother-in-law of the petitioner, Vikash Kumar got accidental injury by a motorcycle and in course of treatment, said Rajendra Paswan succumbed to the injuries. Thereafter, some persons brought the dead body of the deceased and kept the same in front of Karpi police station. In the meantime, about 50-60 persons made obstruction on road. When the informant tried to pacify the matter, they started threatening and raising slogan against the police. In the meantime, one person pelted stones but no one sustained injury and when the police party tried to chase the accused persons, then they succeeded to flee away by taking the advantage of darkness. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent.

There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. A scuffle is said to have taken place between the police and local people because of the accident which had taken place on road. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 12 named persons along with 50 unknown persons have been made accused in the present case.

Patna High Court CR. MISC. No.17856 of 2022(2) dt.06-05-2022 3/3 are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Arwal in connection with Karpi P.S. Case No. 177 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T