Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48074 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== 1.

Vivek Kumar SON OF SHIVJEE SINGH Village- Dharampur, P.S.- Sandesh, District -Bhojpur 2.

MANGAL YADAV @ MANGAL KUMAR SON OF RAMAWTAR YADAV Village Dharampur P.S.- Sandesh, District.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Verma, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-08-2024

1. Heard learned counsel for the parties.

2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Sandesh P.S. Case no.14 of 2024 registered for the offence punishable under sections 307, 341, 323, 325, 354, 448, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per allegation in the F.I.R, the informant states that the nine accused persons including the two petitioners herein came variously armed with lathi, iron rod, firearm etc. The accused persons assaulted them while the petitioner no.2 is said to have resorted to indiscriminate firing with his country made pistol.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case over a

Patna High Court CR. MISC. No.48074 of 2024(2) dt.07-08-2024 2/2 trivial dispute leading to the case and counter case, the FIR at Annexure-2 having been lodged by the side of the petitioners. As per instructions received, the alleged injuries have been found to be simple in nature while no injury was caused as a result of the alleged firing resorted to by the petitioner no.2. The petitioners have no criminal antecedent and undertake to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the contents of the injury report brought on record, there being case and counter case between the parties and the petitioners having no criminal antecedent, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sandesh P.S.Case no.14 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhojpur at Arrah.

Bibhash/- (Partha Sarthy, J) U