Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42232 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- MALI District- Aurangabad ====================================================== 1.
VIVEK KUMAR Son of Bijay Chandra Vanshi Resident of Village - Shori, P.s.- Mali, Distt.- Aurangabad (Bihar).
2.
Alok Kumar Son of Kanhai Chandra Banshi Resident of Village - Shori, P.s.- Mali, Distt.- Aurangabad (Bihar).
3.
Munna Singh @ Munna Kumar Son of Ram Raj Singh Resident of Village - Shori, P.s.- Mali, Distt.- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, A.P.P.
For the informant :
Mr. Samir Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.
Learned counsel for the petitioner seeks permission to withdraw the anticipatory bail application with respect to petitioner No. 1 and 2.
Permission is accorded.
Learned counsel next submits that petitioner is a person with clean antecedent and from perusal of the allegations as alleged in the FIR, it would manifest that specific allegation of assault is
Patna High Court CR. MISC. No.42232 of 2022(3) dt.12-12-2022 2/2 against Vivek Kumar and Alok Kumar and as far as this petitioner is concerned, the allegation against him is general and omnibus in nature.
Learned A.P.P. for the State and the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners but are not able to meet the submissions of the learned counsel for the petitioner that allegation against this petitioner is not specific rather is general and omnibus in nature.
Considering the submissions made by the learned counsel for the petitioners, the petitioner No. 3, 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 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mali P.S. Case No. 42 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) HarshPandey/- U T