Vijendra @ Vikesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.214 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

VIJENDRA @ VIKESH PRASAD Son of Uma Prasad Resident of VillageBhedia, P.S.- Gopalganj Town, District- Gopalganj. 2.

Suraj Prasad Son of Sudama Prasad Resident of Village- Bhedia, P.S.- Gopalganj Town, District- Gopalganj.

3.

Uma Prasad Son of Late Purandhar Prasad Resident of Village- Bhedia, P.S.- Gopalganj Town, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 341,, 323, 354(b), 307 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons assaulted the informant and others due to which they sustained injuries.

Patna High Court CR. MISC. No.214 of 2021(2) dt.21-09-2021 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioner no. 1 is alleged to have caused injury to the Anup. The injury report indicates that the nature of injury is simple. Hence, no offence under Section 307 IPC is made out. So far petitioner Nos. 2 and 3 are concerned, General and omnibus allegation has been made against them. No specific overt act is alleged against petitioner nos. 2 and 3. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 212 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each

Patna High Court CR. MISC. No.214 of 2021(2) dt.21-09-2021 3/3 with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T