Vivek Kumar Rai @ Vivekanand Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33089 of 2022 Arising Out of PS. Case No.-267 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== VIVEK KUMAR RAI @ VIVEKANAND RAI Son of Satya Narayan Rai Resident of Village - Karnauti, P.s.- Mahnar, Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 279, 337, 338, 302/34 of the Indian Penal Code.

As per the prosecution case, while the elder son of the informant alongwith others were returning from Rausulpur on motorcycle after participating in birthday party and reached near Tara Chowk, four persons boarded on Fortuner vehicle spitted on him and on protest, they intentionally dashed his motorcycle, in which, son of the informant Madhukar Kumar got serious injury on his head and on way to hospital, died. It is submitted on behalf of petitioner that entire allegation is false and fabricated. In fact, petitioner was not present at the place of occurrence and police after investigation found the case true under Section 79 & 304 of the I.P.C. against

Patna High Court CR. MISC. No.33089 of 2022(2) dt.18-10-2022 2/2 the driver of the vehicle (Fortuner). Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur in connection with Jandaha P.S. Case No. 267 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T