Vikash Kumar @ Munur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47745 of 2024 Arising Out of PS. Case No.-66 Year-2023 Thana- BELCHHI District- Patna ====================================================== Vikash Kumar @ Munur Son Of Umesh Prasad Village- Barah, PS- Belchhi, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Pandey Gopal Pandey, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, APP For the informant :
Mr. Sanjeet Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
2. The petitioner apprehends arrest in connection with Belchhi P.S. Case No. 66 of 2023 dated 06-06-2023 instituted for the offence punishable under Sections 147,149, 341, 323, 325, 307, 379 and 504 of the Indian Penal Code.
3. The prosecution case, in short, is that on 28.05.2023 at about 19.00 hrs, the driver of the informant was returning from Harnaut by vehicle. When he arrived at Barah bridge, the co-accused Ravikant Kumar along with two miscreants, who were in drunken condition, got his vehicle stopped and snatched money from his driver. On protest, they
Patna High Court CR. MISC. No.47745 of 2024(2) dt.10-07-2024 2/3 assaulted by butt of pistol on his head. For inquiring the matter, when the informant went to the house of the Ravikant @ Munna, then petitioner along with other accused persons, armed with lathi, iron rod and pistol, assaulted him due to which he sustained injury on his head. It is also alleged that they snatched gold chain of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that there is allegation against the petitioner and co- accused, namely, Ravi Ranjan Kumar of assaulting the informant by means of iron rod causing head injury. It is further submitted that there is case and counter case between the parties. Said Ravi Ranjan lodged a case bearing Belchhi P.S. Case No. 67 of 2023, dated 06-06-2023 under Sections 147, 148,149, 341, 323, 325, 307, 379, 504 and 506 of Indian Penal Code and and Section 27 of the Arms Act against the informant of this case. Learned counsel for the petitioner submits that both the sides have received injuries. All injuries are simple in nature. Other similarly situated co-accused, namely, Ravi Kant Kumar @ Putul @ Rajnikant Kumar, Ravi Ranjan Kumar @ Ravi Ranjan, Ram Swarup Mahato @ Ramsroop Prasad, Nityanand Kumar @ Mityanand Kumar and Makelsh Kumar have been
Patna High Court CR. MISC. No.47745 of 2024(2) dt.10-07-2024 3/3 granted anticipatory bail by this Court vide order dated 09-11-2023, passed in Criminal Miscellaneous No. 57540 of 2023 (Annexure-3). Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned APP for the State and learned counsel for the informant have opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 SDJM Barh, in Belchhi P.S. Case No. 66 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973..
(Khatim Reza, J) shyambihari/- U