Vikaram Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36201 of 2021 Arising Out of PS. Case No.-166 Year-2020 Thana- MANSI District- Khagaria ====================================================== 1.
VIKARAM CHOUDHARY SON OF KAMAL CHOUDHARY R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 2.
CHANDAN CHOUDHARY SON OF JAI JAI RAM CHOUDHARY R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 3.
BRAJESH SINGH @ BRAKESH KUMAR SON OF BIJO SINGH R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 4.
SATYNARAYAN SINGH @ FANTUSH SINGH SON OF KAMAL SINGH R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 5.
ARUN SINGH @ ARUN KUMAR SON OF NAGO SINGH R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 6.
NAGO SINGH SON OF LATE RAMRATI SINGH R/O VILLAGEDHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 7.
BIJO SINGH @ BIJENDRA SINGH SON OF RAMRATI SINGH R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 8.
BIMLA DEVI WIFE OF RAMDAS SINGH R/O VILLAGEDHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 9.
RAM DAS SINGH SON OF LATE BANDE SINGH R/O VILLAGEDHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 10.
SHANKAR SINGH SON OF KAMAL SINGH R/O VILLAGEDHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 11.
ABHINANDAN CHOUDHARY @ ABHINANDAN KUMAR SON OF JAY JAY RAM CHOUDHARY R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 12.
TAPESH SINGH @ TAPESH KUMAR SON OF BIJO SINGH R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA 13.
AMRESH SINGH @ AMRESH KUMAR SON OF BIJO SINGH R/O VILLAGE- DHANGHAR, P.S.- MANSI, DISTRICT- KHAGARIA ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioners and the
Patna High Court CR. MISC. No.36201 of 2021(2) dt.25-05-2022 2/3 State.
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 Mansi P.S. Case No. 166 of 2020 registered for the offence under Sections 147, 341, 323, 379, 447, 504, 307 of the Indian Penal Code. Prosecution case in short is that while the informant was taking away his tractor to bring maize, the accused persons stopped the tractor and assaulted the informant. In the next episode, while the informant came to his home and thereafter, he along with other family members went to the house of accused persons to persuade them, all the accused persons assaulted them causing serious injury.
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. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is case and counter case between the parties. Free fight is alleged to have taken place between the
Patna High Court CR. MISC. No.36201 of 2021(2) dt.25-05-2022 3/3 parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners 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 Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 166 of 2020 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