Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33609 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- BIHAR District- Nalanda ====================================================== 1.
Vishal Kumar Son of Doman Sonar Resident of village - Alinagar, police station-Bihar, district Nalanda.
2.
Vicky Kumar Son of Doman Sonar Resident of village - Alinagar, police station-Bihar, district Nalanda.
3.
Tinku Kumar @ Riku Kumar @ Tinku Sonar Son of Doman Sonar Resident of village - Alinagar, police station-Bihar, district Nalanda. 4.
Ravi Kumar Son of Doman Sonar Resident of village - Alinagar, police station-Bihar, district Nalanda.
5.
Vikash Kumar Son of Doman Sonar Resident of village - Alinagar, police station-Bihar, district Nalanda.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmesh Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Biharsharif P.S. Case No. 117 of 2024 registered on 15.02.2024 for the alleged offences under Sections 147, 323, 341, 342, 324, 307, 353 and 504 of the Indian Penal Code.
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3. As per prosecution case, the informant police officer got the information about scuffle taking place between two groups in a marriage ceremony being held in Alinagar Marriage Community Hall. When the informant reached the spot, he was pushed down and assaulted with slaps, fists, bricks and stones causing serious injuries to the informant. The informant was somehow saved and one co-accused person was apprehended. The petitioners are stated to be involved in the said occurrence.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. It was the marriage ceremony of petitioner no. 5 (Vikas Kumar) which has been taking place in the Alinagar Marriage Community Hall and the other petitioners are brothers of the bride-groom. The actual facts of the case are that the music was played on D.J. and some outsiders tried to forcibly participate in the function which was protested by the bride and groom sides. Scuffle took place and the outsiders attacked the participants in the marriage ceremony and also the police personnel who tried to pacify both sides. It is not believable that the petitioners on such solemn occasion would indulge in such type of activity jeopardizing their own marriage function. The F.I.R. has been
3/4 registered with completely false and concocted material by mentioning the names of the petitioners which is not believable. The petitioners are having clean antecedent.
5. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioners.
6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the background of the case and further considering possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned Chief Judicial Magistrate, Nalanda (Biharsharif) in connection with Biharsharif P.S. Case No. 117 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on
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(Arun Kumar Jha, J) Guddu/- U T