Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26084 of 2023 Arising Out of PS. Case No.-203 Year-2021 Thana- PARSABAZAR District- Patna ====================================================== 1.
VIKASH KUMAR SON OF SHRI VIDYA SINGH @ VIDHA SINGH Resident of Village - Mahuli, P.S. - Parsabazar, District - Patna 2.
RAKESH KUMAR SON OF SHRI VIDYA SINGH @ VIDHA SINGH Resident of Village - Mahuli, P.S. - Parsabazar, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bipin Chandra, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323, 302, 504, 34 of the Indian Penal Code.
As per FIR, co-accused Pawan Kumar Singh, Sobha Devi and one unknown person assaulted the father of the informant who died during the course of treatment. It is submitted on behalf of the petitioners that there is no specific allegation of overt act against these petitioners. As per FIR, petitioners are only alleged to have abused and pushed the father of the informant. The post mortem report indicates that the deceased sustained four injuries out of which injury no. 1, 2 and 3 were abrasion on eye brow, knee and elbow and
Patna High Court CR. MISC. No.26084 of 2023(2) dt.13-07-2023 2/2 injury no. 4 is swelling on scalp, though cause of death is head injury. Similarly situated co-accused persons namely, Sushila Devi and Shobha Devi have been granted bail vide orders dated 27.02.2023 and 28.02.2023 passed in Cr. Misc. No. 25980 of 2022 and 27493 of 2022 respectively. Petitioners claim clean antecedent.
Learned counsel for the State vehemently opposed the prayer for anticipatory bail.
Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge VIII cum A.C.J.M., VIII, Patna in connection with Parsabazar P.S. Case No. 203 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Alok Verma/- U T