Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41094 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- GURUA District- Gaya ====================================================== Vikash Kumar, aged about 22 years, male, Son of Kapil Yadav, Resident of Village - Baiju Bigha, P.S. - Gurua, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-09-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Gurua P.S. Case No. 78 of 2020, dated 24.04.2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 307 and 379 of the Indian Penal Code.

The accusation against eight accused persons including the petitioner is of assaulting the informant and taking away the personal belongings of a female member of the house. The informant has also sustained grievous injury on his head.

Patna High Court CR. MISC. No.41094 of 2020(3) dt.02-09-2021 2/2 It has been submitted on behalf of the petitioner that the parties are agnates and there is a land dispute between them. Precisely for that enmity, the petitioner along with others has been named in the F.I.R. However, regard being had to the nature of injury sustained by the informant, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected. However, if he surrenders before the Court below and seeks bail, the Court below, after taking into account the above-noted grounds, namely, the family dispute between the parties and they being agnates, shall pass order in accordance with law without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T