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Patna High CourtCR. MISC./22151/2022allowed

Vikash Kumar v. The State Of Bihar

2022-09-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22151 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- BIHTA District- Patna ====================================================== VIKASH KUMAR Son of Ram Narayan Singh Resident of Village - Dhurichak, P.s.- Neora O.P. (Bihta), Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Priyedarshi For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bihta (Neora) P.S. Case no. 349 of 2021 instituted for the offence under Sections 341, 323, 325, 307, 379, 427, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, while the informant was going to participate is his sister's marriage, in way, petitioner intercepted him and started to abuse him. On protest, several accused persons came there and started to assault him by various weapons as a result of which he sustained head injury. When his family members came there to rescue him, they were also assaulted by them.

Patna High Court CR. MISC. No. 22151 of 2022(2) dt.29-09-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in the alleged occurrence. As per doctor's opinion, injured persons have received simple injuries. He has got no criminal antecedent. The matter relates to civil dispute.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bihta/Neora P.S. Case no. 349 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Danapur, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U