← Library
Patna High CourtCR. MISC./51650/2016disposed

Vikki Kumar @ Bikki Kumar And ORS v. The State Of Bihar

2016-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51650 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Vikki Kumar @ Bikki Kumar, S/o Kishore Pathak

2. Vikki @ Fulen @ Vikki Kumar S/o Binod Mishra

3. Banti Kumar, S/o Kishore Pathak

4. Lalchun @ Lalchun Kumar S/o Binod Mishra

5. Rana, S/o Matru Jha @ Ramu Jha

6. Bhim @ Bhim Kumar S/o Ramu Jha @ Matru Jha, All are resident of village - Mangalwar, P.S. Bhargama, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Mr. Md. Naushad Uzzoha, learned Counsel for the Petitioners seeks permission to withdraw the application on behalf of petitioner No.4.

Application filed on behalf of petitioner No.4 stands dismissed as withdrawn.

Heard learned counsel for rest of the petitioners and learned APP for the State.

The petitioners No.1 to 3 and 5 to 6 are apprehending their arrest in a case registered under Sections 147, 148, 341, 323, 379, 307, 506 and 504 of the Indian Penal Code. Allegation is that the accused persons including the petitioners with intent to kill the informant and his family members inflicted iron blow on their person, as a result of which

Patna High Court Cr.Misc. No.51650 of 2016 (2) dt.05-12-2016 2/2 they sustained injuries all over the body and heads. They also snatched cash, golden and silver chain of the informant and others. 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. It is a case and counter case between the parties. The petitioners are the neighbours of the informant. Due to certain petty reasons the alleged occurrence is said to have taken place. Both the sides are said to have been injured in course of free fight. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners No.1 to 3 and 5 to 6, above named, in the event of arrest/surrender before the learned court below within a period of six 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 Sri Kumar Amit Manu, A.C.J.M., Araria in connection with Bhargama P.S. case No.115 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T