Vikash Yadav @ Vikash Kumar Ray @ Vikash Kumar @ Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19014 of 2023 Arising Out of PS. Case No.-173 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== Vikash Yadav @ Vikash Kumar Ray @ Vikash Kumar @ Vikash Kumar Yadav Son Of Wakil Yadav Resident of Village - Pathetha, P.S. - Mahrajganj, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra, Advocate For the Opposite Party/s :

Mr. Anant Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2023 Heard Mr. Anil Chandra, learned counsel appearing on behalf of the petitioner and Mr. Anant Kumar-1, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Mahrajganj P.S. Case No. 173 of 2022 registered under Sections 341, 342, 323, 324, 307, 354, 379, 427, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution story, in brief, is that the petitioner and other co-accused persons have indiscriminately assaulted the informant's side by means of deadly weapons due to which they sustained injuries.

4. Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation of assault against the petitioner whereas the allegation is general and omnibus. The specific allegation is against the co-accused

Patna High Court CR. MISC. No.19014 of 2023(2) dt.15-06-2023 2/2 Jagarnath Yadav to assault the informant by means of sword due to which he sustained grievous injuries. Learned counsel further submits that petitioner is quite innocent and has falsely been implicated in the present case.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, as there is no specific overt act against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M-V, Siwan in connection with Mahrajganj P.S. Case No. 173 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Mantreshwar/- Minu/- U T