Vimlesh Singh @ Bimlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45276 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- AKHODHIGOLA District- Rohtas ====================================================== 1.
Vimlesh Singh @ Bimlesh Singh Son Of Late Banarasi Singh VillagePakariya, P.S.- Akorhigola,Distt.- Rohtas 2.
Guddu Singh @ Gudu Singh Son Of Late Satyanarayan Singh VillagePakariya, P.S.- Akorhigola,Distt.- Rohtas 3.
Raushan Kumar Son Of Vimlesh Singh Village- Pakariya, P.S.- Akorhigola,Distt.- Rohtas 4.
Ritik Kumar Son Of Vimlesh Singh Village- Pakariya, P.S.- Akorhigola,Distt.- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail petition with respect to Petitioner No. 3 as he has been arrested.
2. Permission is accorded.
3. Accordingly, the anticipatory bail petition of Petitioner No. 3 is dismissed as withdrawn.
4. Heard learned counsel for Petitioner Nos. 1, 2 and 4 and learned A.P.P. for the State.
5. Petitioner Nos. 1, 2 and 4 apprehend their arrest in connection with Akorhigola P.S. Case No. 102 of 2024,
Patna High Court CR. MISC. No.45276 of 2024(2) dt.24-07-2024 2/3 instituted under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code and Section 27 of Arms Act.
6. As per the prosecution case, on the date of occurrence when informant along with his father was going to Mill on motorcycle, petitioners armed with weapons came and surrounded them. It is alleged that the accused persons assaulted the informant and Petitioner No. 4 took away Rs. 50,000/- of the informant kept in the box of Mill.
7. Learned counsel for Petitioner Nos. 1, 2 and 4 submits that petitioners are innocent. They have falsely been implicated in this case due to old enmity. Although there is allegation of firing by the accused persons but no one got injury. Further allegation of the informant is that Petitioner No. 4 took Rs. 50,000/- kept in the box of the Mill and allegation of assault by the accused persons are after thought. Injury report of the injured shows that injury received by informant is simple in nature and superficial. Both parties are co-villagers and next door neighbours. Petitioner Nos. 1, 2 and 4 have no criminal antecedents and undertake to co-operate in the investigation.
8. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
9. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.45276 of 2024(2) dt.24-07-2024 3/3 case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner Nos. 1, 2 and 4 be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Akorhigola P.S. Case No. 102 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T