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Patna High CourtCR. MISC./35639/2022allowed

Vikram Kumar @ Vikram Kumar Yadav v. The State Of Bihar

2022-11-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35639 of 2022 Arising Out of PS. Case No.-244 Year-2020 Thana- GOGRI District- Khagaria ====================================================== 1.

Vikram Kumar @ Vikram Kumar Yadav Sita Ram Yadav Resident of Village- Budiyatari, Ward No. 15, P.S.- Gogri, District- Khagaria. 2.

Munna Yadav S/O Kailu Yadav Resident of Village- Budiyatari, Ward No. 15, P.S.- Gogri, District- Khagaria.

... ... Petitioner/s

Versus

The State Of Bihar A G Office High Court ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and the State.

At the outset, learned counsel for the petitioners seeks permission to make correction in paragraph No. 3 of this petition.

Permission is granted to this extent only.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 307, 504, 506, 354(B), 379 and other sections of Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, all the FIR named persons including these petitioners assaulted the informant and his family members. Further, co-accused Vidya Yadav opened fire but nobody received any firing and the informant managed to escape.

Patna High Court CR. MISC. No.35639 of 2022(2) dt.02-11-2022 2/2 Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Moreover, there is general and omnibus allegation of assault against the petitioner and no specific overt act has been alleged against the petitioners. There is case and counter case. It is further submitted that though some of the injuries received are grievous in nature but they have not been attributed against these petitioners. Petitioners have got clean antecedent.

Considering the aforesaid facts and circumstances, let the above named petitioner in the event of their arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Gogri P. S. Case No. 244 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) navya/- U T