Vikas Kumar@Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47770 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Vikas Kumar @ Vikash Yadav Son of Amla Yadav @ Amal Yadav Resident of village - Mushari Baira Bazar, Police Station - Dhanaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prerna Anand, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Dhanaha P.S. Case No. 81 of 2023 dated 09-05-2023 instituted for the offence punishable under Sections 341,323,324,307, 379, 504, 506 and 34 of the Indian Penal Code.

3. The case of prosecution, in short, is that over a dispute of barricading, scuffle took place between the informant and the accused persons. On alarm raised by the informant, while his brothers came to rescue him, it is alleged that petitioner assaulted by means of iron rod on the head of Manoj

Patna High Court CR. MISC. No.47770 of 2024(2) dt.10-07-2024 2/3 Yadav causing head injury. It is further alleged that co- accused, namely, Balistar Yadav assaulted Chandi Yadav by means of lathi on his left hand causing injury on his palm.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that injury report of Manoj Yadav has been annexed as Annexure -P/2, which discloses that the nature of injury is simple caused by hard and blunt object. Learned counsel for the petitioner further submits that similarly situated co-accused, namely, Balistar Yadav has been granted anticipatory bail by this Court vide order dated 20-02-2024 passed in Criminal Miscellaneous No. 9239 of 2024. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Dhanaha P. S. Case No. 81 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.47770 of 2024(2) dt.10-07-2024 3/3 Magistrate Bagaha, West Champaran or appropriate Court below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) shyambihari/- U T