Vikky Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39147 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== 1.
VIKKY KUMAR @ VIKASH KUMAR SON OF LALAN RAM @ LALAN RAI R/O VILLAGE- BHUIDHARA, P.S.- MUFFASIL, DISTRICT- SAMASTIPUR 2.
BIRU KUMAR SON OF LALAN RAM @ LALAN RAI R/O VILLAGEBHUIDHARA, P.S.- MUFFASIL, DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 504, 379, 307, 427 and 34 of the Indian Penal Code read with Sections 27 and 35 of the Arms Act. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 15.04.2022 at about 8:00 AM, scuffle took place between Sahil Paswan and Amardeep Paswan in front of his shop to which informant tried to
Patna High Court CR. MISC. No.39147 of 2022(2) dt.06-12-2022 2/3 pacify with the help of other persons, it is next alleged that thereafter the accused persons came and Sahil along with Avinash and Raja fired and the bullet of Sahil grazed through the elbow of the informant, it is next alleged that rest of the accused persons also pelted stones and Biru took out Rs. 7,000/- from the informant's shop.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the allegation of assault is general and omnibus in nature, it is also submitted that allegation of firing is not alleged against the petitioner and as far as taking out Rs. 7,000/- from the shop of the informant is alleged the same is ornamental in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.39147 of 2022(2) dt.06-12-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Samastipur Town P.S. Case No. 85 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T