Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49083 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== VIKASH KUMAR Son of Dayanand Singh Resident of Village- Nardiganj, Shadipur, P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 448, 427, 385, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of assault and firing by the accused persons upon the informant and his wife. Specific allegation of firing is against co-accused Golu Kumar, causing the informant's wife Guddi Devi sustained fire arm injury. The accused persons assaulted by means of farsa and co-accused Raushan Kumar also opened fire by Fire Arm.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.49083 of 2021(3) dt.27-04-2022 2/2 further submits that there is specific allegation of firing is against co-accused Golu Kumar, and not against this petitioner and at best it is a case of being member of unlawful assembly only. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Nawada/concerned Court in connection with Nardiganj P.S. Case No. 204 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T