Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48134 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- BARH District- Patna ====================================================== 1.

Vikas Kumar Son Of Ajay Kumar @ Ajay Paswan Resident Of Mohalla - Chondi, Barh, A.N.S. College Chowk, P.S. Barh, District - Patna. 2.

Akash Kumar Son Of Ajay Kumar @ Ajay Paswan Resident Of Mohalla - Chondi, Barh, A.N.S. College Chowk, P.S. Barh, District - Patna. 3.

Malti Devi @ Nilam Devi Wife Of Ajay Kumar @ Ajay Paswan Resident Of Mohalla - Chondi, Barh, A.N.S. College Chowk, P.S. Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 308/34 of the Indian Penal Code.

Petitioners are said to have assaulted the informant and his wife by means of Panja as a result of which he sustained injury on his head.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely

Patna High Court CR. MISC. No.48134 of 2021(2) dt.25-04-2022 2/2 implicated in this case. He submits that both parties are close agnates and also bickering over the land dispute for common passage. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that a title suit is also running between the parties i.e. Title Suit No. 152 of 2018. He submits that the injury found upon the informant is simple in nature. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barh P.S. Case No. 40 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T