Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1918 of 2020 Arising Out of PS. Case No.-24 Year-2020 Thana- BALIGAON District- Vaishali ====================================================== 1.

Vikram Kumar S/o Surendra Singh @ Vilat Singh Resident of VillageAgrail Khurd @ Bhangha, P.S.- Baligaon, District- Vaishali. 2.

Viki Kumar @ Vikki Kumar S/o Sagar Singh @ Shivsagar Singh Resident of Village- Agrail Khurd @ Bhangha, P.S.- Baligaon, District- Vaishali. 3.

Ranjan Kumar Singh S/o Tapeshwar Singh Resident of Village- Agrail Khurd @ Bhangha, P.S.- Baligaon, District- Vaishali. 4.

Raj Kumar @ Raj Kumar Singh S/o Late Shokhar Singh @ Shekhar Singh Resident of Village- Naya Tola Agrail @ Bhangha, P.S.- Baligaon, DistrictVaishali. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Manish Chandra Gandhi For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2020 Heard learned counsel for appellants and learned Special P.P. for the State through video conferencing. The present appeal has been filed against order dated 01-07-2020 passed by learned A.D.J.-I cum Special Judge, Vaishali at Hajipur in Baligaon P.S. Case No. 24 of 2020 registered for the offence punishable under Sections 341, 323, 504/34 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act, whereby the prayer for anticipatory bail of appellants was rejected.

As per the prosecution case, on 11-03-2020 at about

Patna High Court CR. APP (SJ) No.1918 of 2020(2) dt.17-12-2020 2/3 7:30 PM, while the informant had gone to meet ex-Mukhiya of Panchayat, all the accused persons including appellants came at the door of ex-Mukhiya and started assaulting her. It is further alleged that accused also abused her by caste name. It is submitted on behalf of appellants that appellants have been falsely implicated in this case at the instance of exMukhiya of the Panchayat. It is further submitted that appellant no. 4 has also lodged a complaint, vide Complaint Case No. 683 of 2020 dated 16-03-2020, against the informant, ex-Mukhiya and other family members. It is further submitted that there is general and omnibus allegation of abuse and causing assault. Considering the aforesaid facts & circumstances as well as nature of allegation, the impugned order dated 01-07-2020 passed by learned A.D.J.-I cum Special Judge, Vaishali at Hajipur in Baligaon P.S. Case No. 24 of 2020 in Baligaon P.S. Case No. 24 of 2020 is set aside and appeal is allowed.

Accordingly, let the appellants, above named, in the event of arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. APP (SJ) No.1918 of 2020(2) dt.17-12-2020 3/3 of learned A.D.J.-I cum Special Judge, Vaishali at Hajipur in connection with Baligaon P.S. Case No. 24 of 2020. (Prabhat Kumar Singh, J.) anay/- U T