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Patna High CourtCR. MISC./43483/2016disposed

Vikash Kumar And ORS v. The State Of Bihar

2016-11-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43483 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Vikash Kumar S/o Vinod Singh

2. Chandan Kumar S/o Babban Singh

3. Shreekant Singh S/o Basant Singh

4. Vinod Singh @ Vinod Kumar S/o Ramashish Singh

5. Bipul Kumar S/o Shreekant Singh All resident of Village- Rasalpur, P.S.- Sheikhpura (Hathiyawan), DistrictSheikhpura. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s : Mr. Sri Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-11-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Sheikhpura (Hathiyawan) P.S. Case No. 06 of 2016 registered under Sections 147, 148, 149, 341, 323, 324, 379, 504 and 506 of the Indian Penal Code.

There is allegation that the petitioners along with others assaulted the informant as well as her family members. The informant appears to have received one grievous injury on her head but submission on behalf of the petitioners is that there is case and counter case between the

Patna High Court Cr.Misc. No.43483 of 2016 (2) dt.29-11-2016 2/2 parties and persons from both sides sustained injuries and apart from this, co-accused Upendra Singh and four others including the co-accused Sanjeev Singh against whom, there is allegation of assault, have already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 05.05.2016 in Criminal Miscellaneous No. 17924 of 2016.

Considering the aforesaid submission as well as facts and circumstances of the case, this anticipatory bail stands disposed of giving direction to the petitioners to surrender before the court below and seek regular bail within four weeks from the date of receipt / production of copy of this order and, if, they do so and seek regular bail, the same shall be considered by the concerned court on its own merit without being prejudiced by this order, particularly, keeping in mind that having more or less similar allegation, some co-accused have already been granted privilege of anticipatory bail by a coordinate Bench of this Court and it is also made clear that the concerned court shall pass order on regular bail application of the petitioners on the date of its filing.

(Hemant Kumar Srivastava, J) ajaypd./- U T