Vijay Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27616 of 2018 Arising Out of PS. Case No.-34 Year-2015 Thana- PATNA CITY CHOWK District- Patna ======================================================
1. Vijay Kumar Son of Chandra Deep Singh
2. Guddu Kumar @ Guddu Kumar Son of Bijendra Prasad Singh Resident of Mohalla - Jiwanchak, P.S. - Didarganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad For the Opposite Party/s :
Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek Anticipatory bail in connection with Chowk P.S. Case No. 34 of 2015 registered under Sections 147, 148, 149, 447, 448, 341, 323, 354, 427, 337, 307 of the Indian Penal Code and Section 27 of the Arms Act. Informant in his fardbeyan has stated that on 25.02.2015 at about 10:00 PM when his son Md. Khurshid Alam was returning from his factory and when he reached near his house, he saw that accused persons Golu Chaudhary with his friend Vijay and 6-7 others unknown were taking wine, then he protested, on which he was assaulted with fists and slaps. On hearing alarm the informant and his daughter came out from the
Patna High Court Cr.Misc. No.27616 of 2018(2) dt.09-05-2018 2/3 house and stopped them but accused Golu Chaudhary assaulted him on his head by bear bottle and thereafter he alongwith his son and daughter went into the house but the accused persons came and breaking the door forcibly entered into his house and again they were assaulted by the accused persons, even firing with pistol was also made. It has further been stated that on alarm the people of Mohalla came there, but they were also assaulted. Md. Sabir, Md. Anwar and his wife were also assaulted with bricks and stones.
Learned counsel for the petitioners submitted that petitioners are not named in the FIR. Their name have transpired on the confessional statement of co-accused Golu Choudhary. It has further been submitted that due to previous enmity between the petitioners and co-accused Golu Choudhary the name of the petitioners have been dragged and the nature of injury is simple. Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioners named above in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.27616 of 2018(2) dt.09-05-2018 3/3 satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, in connection with Chowk P.S. Case No. 34 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(S. Kumar, J) veena/- U T