Bikram Kumar And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.7510 of 2018 (2) dt.15-02-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7510 of 2018 Arising Out of PS.Case No. -245 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================
1. Bikram Kumar, Son of Dinesh Singh,
2. Vijay Kumar @ Vinay Kumar @ Vinay Kr. Singh, Son of Ram Ashish Singh, Both are resident of Village- Nayagaon, P.S.- Desari, DistrictVaishali. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Desari Police Station Case No. 245 of 2017, disclosing offences under Sections 147, 323, 341, 354(B) and 379 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the occurrence of 16.11.2016 whereas the complaint has been filed after lapse of one month without explaining the plausible delay, which itself creates doubt over the prosecution version. Moreover, the
Patna High Court Cr.Misc. No.7510 of 2018 (2) dt.15-02-2018 petitioners have falsely been implicated in this case on account of political rivalry. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Vaishali at Hajipur, in connection with Desari Police Station Case No. 245 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T