Vikash Kumar @ Vikash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1317 of 2021 Arising Out of PS. Case No.-556 Year-2020 Thana- BIHAR District- Nalanda ====================================================== VIKASH KUMAR @ VIKASH YADAV, SON OF UMESH YADAV RESIDENT OF HAJIPUR, P.S. - BIHAR, DISTRICT - NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-09-2021 Heard Mr. Amresh Kumar Singh, learned advocate for the petitioner and Mr. Mohammad Sufyan, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Bihar P. S. Case No. 556 of 2020, dated 29.08.2020, instituted for the offences under Sections 147, 148, 307, 323, 341, 385, 504 and 149 of the Indian Penal Code and Sections 27 of the Arms Act, 1959.
The accusation against the petitioner and others is of assaulting the informant and his brother. The victims have received simple injuries.
Patna High Court CR. MISC. No.1317 of 2021(3) dt.02-09-2021 2/3 The learned advocate for the petitioner has submitted that from a bare reading of the averments made in the F.I.R. it would become very clear that there is a dispute between the informant and Bholu Gope and Akash Gope. Though the petitioner is said to have fired on the brother of the informant but in view of no gun shot injury having been received by him, the accusation appears to be prima facie false.
There is a counter version of the occurrence also.
Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P. S.
Patna High Court CR. MISC. No.1317 of 2021(3) dt.02-09-2021 3/3 Case No. 556 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T