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Patna High CourtCR. MISC./20445/2022allowed

Vikash Kumar v. The State Of Bihar

2022-08-23Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20445 of 2022 Arising Out of PS. Case No.-363 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== VIKASH KUMAR Son of Kapil Singh Resident of Village - Kanchanpur (Nearoasis School), Ward no.03, P.s.- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 307, 385, 387, 504 & 506 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.

The petitioner in association of other co-accused and 10-15 unknown came to door of the informant and

Patna High Court CR. MISC. No.20445 of 2022(2) dt.23-08-2022 2/3 demanded Rs.10 Lakhs as ransom. On denial, they badly assaulted him and also exploded bomb whereby the informant sustained injury in his limbs, waist and chest etc. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, during course of investigation several witnesses examined and they all have said that informant has taken debt of Rs.10 lakhs from the petitioner and when the petitioner demanded his money from the informant, this false and frivolous case has been lodged against him.

Similarly situated co-accused, namely, Avinash Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 01.06.2022 passed in Cr. Misc. No. 66311 of 2021. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.20445 of 2022(2) dt.23-08-2022 3/3 connection with Bidupur P.S. Case No. 363 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T