Raj Kumar Vicky @ Raj Kumar Bikki v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20475 of 2022 Arising Out of PS. Case No.-132 Year-2021 Thana- MAHESI District- East Champaran ====================================================== 1.
Raj Kumar Vicky @ Raj Kumar Bikki, S/O- Babulal Bhagat R/O VillageKankahi, P.S. Mahesi, Distt.- East Champaran. 2.
Suresh Bhagat, S/O -Jailal Bhagat R/O Village- Kankahi, P.S. Mahesi, Distt.- East Champaran.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisuzzoha For the Opposite Party/s :
Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354, 504 and 506 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 10.06.2021 at about 9.00 A.M., the informant was cultivating his ancestral land by tractor where his father and wife were also present. In the meantime, the accused persons including the petitioners came variously armed and
Patna High Court CR. MISC. No.20475 of 2022(2) dt.01-11-2022 2/3 started abusing and prevented the informant from cultivating his land. It is next alleged that on orders of Babulal Prasad, Motilal Prasad assaulted informant's father with farsa causing injury on his head and on other body parts and thereafter, he became unconscious. Thereafter, on alarm, 12 other named accused persons also came variously armed and petitioner no.1 assaulted the informant with butt of pistol causing injury and rest other accused persons also assaulted the informant and when the informant's wife came to rescue, the other accused assaulted her and tore her blouse. It is next alleged that the occurrence took place that the accused persons were pressurizing the informant to transfer his land on which he refused.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that on account of dispute, the present occurrence took place. It is also specifically pleaded at Para-12 that the injuries suffered by the injured are simple in nature. It is also submitted that as far as petitioner no.2 is concerned, the allegation against him is general and omnibus in nature. Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the
Patna High Court CR. MISC. No.20475 of 2022(2) dt.01-11-2022 3/3 event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mehsi P. S. Case No.132 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T