Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32889 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- SONEPUR District- Saran ====================================================== VISHAL KUMAR S/O MAHESH RAY R/O Village- Jahangirpur, P.SSonepur, Distt.- Saran at Chapra. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramadhar Shekhar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 342, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the accused persons named in the F.I.R. including the petitioner abused and assaulted the informant and others as a result of which four persons sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that

Patna High Court CR. MISC. No.32889 of 2023(2) dt.21-07-2023 2/2 similarly situated other co-accused person has already been granted bail by this Court vide order dated 20.02.2023 passed in Cr. Misc. No. 65726/2022. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail and submits that out of four persons, two persons have sustained grievous injuries. Hence, the petitioner does not deserve anticipatory bail.

6. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegation levelled against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sonepur P.S. Case No.335/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T