Bikash Kumar @ Vikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40922 of 2021 Arising Out of PS. Case No.-121 Year-2019 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

BIKASH KUMAR @ VIKKI Son of Bijay Yadav Resident of Village - Choti Mehdi Pokhar, P.S.- Ishipur Barahat, District- Bhagalpur. 2.

Manish Kumar Son of Bijay Yadav Resident of Village- Choti Mehdi Pokhar, P.S.- Ishipur Barahat, District- Bhagalpur. 3.

Brajesh Yadav Son of Matoo Lal Yadav Resident of Village- Choti Mehdi Pokhar, P.S.- Ishipur Barahat, District- Bhagalpur. 4.

Matto Lal Yadav Son of Late Madhuri Yadav Resident of Village - Choti Mehdi Pokhar, P.S.- Ishipur Barahat, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in connection with Ishipur (Barahat) P.S. case No.121/2019 registered under Sections 341, 323, 307, 354/34 of the Indian Penal Code.

Allegation is that the petitioner No.1 gave rod blow

Patna High Court CR. MISC. No.40922 of 2021(2) dt.08-10-2021 2/3 on the head of the mother of the informant and petitioner No.2 assaulted Sanjeev Kumar by means of iron rod on his head and petitioner No.3 assaulted Rinki Kumari by means of lathi and danda and petitioner No.4 and co-accused assaulted the informant by means of lathi and danda.

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. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VIIIth, Bhagalpur in connection with Ishipur (Barahat) P.S. case

Patna High Court CR. MISC. No.40922 of 2021(2) dt.08-10-2021 3/3 No.121/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T