Vikash Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43429 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Vikash Kumar Rai S/O Late Radhakrishna Rai R/O Village- Dharampur, P.SGopalpur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Narain, Sr. Advocate Mr. Umesh Kumar Singh, Advocate Mr. Saurabh Kumar, Advocate Mr. Adesh Raj Singh, Advocate For the State :

Mr. Dilip Kumar No. 1, APP For the Informant :

Mr. Ravindra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 342, 324, 326, 307 and 34 of the Indian Penal Code.

3. The petitioner is said to have assaulted the informant by means of knife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.43429 of 2023(2) dt.10-08-2023 2/2 allegation against the petitioner is of assaulting the petitioner by knife but injuries no. 1 and 2 are simple in nature and injury no. 3 is grievous in nature and caused by the hard and blunt substance. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that injury report has not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Gopalpur P.S. Case No. 22 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T