← Library
Patna High CourtCR. MISC./37427/2024allowed

Vikash Kumar @ Vikash Das v. The State Of Bihar

2024-07-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37427 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

Vikash Kumar @ Vikash Das Son Of Bhuneshwar Das @ Ghuneshwar Das Vill -Jan Mohammadpur P.S- Sarairanjan Distt -Samastipur 2.

Bhuneshwar Das @ Ghuneshwar Das Son Of Ram Ashish Das Vill -Jan Mohammadpur P.S- Sarairanjan Distt -Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-07-2024 Learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sarairanjan P.S. Case no. 182 of 2023 instituted for the offence under Sections 341, 323, 325, 307, 379, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, due to previous dispute, petitioners along with co-accused persons, armed with desi pistol and iron rod, came to the house of the informant and assaulted to her husband and other family members. In the said

Patna High Court CR. MISC. No.37427 of 2024(3) dt.02-07-2024 2/3 incident, husband of the informant received gun shot injury on his arm and her bhaisur also sustained injury.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners are not named in the FIR. They have falsely been implicated in this case on suspicion. There is delay in lodging the FIR. The specific allegation of firing is against co-accused Jai Kishun Sahni. It is further submitted that other co-accused Haresh Sahni has already been enlarged on regular bail granted by this Court vide order dated 10.1.2024 passed in Cr. Misc. No. 85650 of 2023.

5. Learned APP appearing for the state has opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sarairanjan P.S. Case no. 182 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.37427 of 2024(3) dt.02-07-2024 3/3 Chief Judicial Magistrate-III, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U