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Patna High CourtCR. MISC./4201/2021bail granted

Vikash Kumar v. The State Of Bihar

2021-07-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4201 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- DIGHA District- Patna ====================================================== 1.

VIKASH KUMAR Son of Ram Dular Mahto Resident of Village - Gate No.64, Kurjee More, P.S.- Digha, P.O.- Sadaquat Ashram, Dist.- Patna. 2.

Sujeet Kumar Son of Ram Dular Mahto Resident of Village - Gate No.64, Kurjee More, P.S.- Digha, P.O.- Sadaquat Ashram, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr. C. Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), 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 347, 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code and 27 of the Arms Act. Allegedly, the petitioner No. 1 started assaulting the informant whereas the petitioner No. 2 is alleged to have assaulted the informant and his family members. The petitioner No. 2 is said to have made firing.

It has been submitted on behalf of the petitioners that the petitioner No. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners.

Patna High Court CR. MISC. No.4201 of 2021(2) dt.26-07-2021 2/2 The petitioners have been falsely implicated in the present case. There is no injury report to show that anyone was injured in course of the occurrence.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 204 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) 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) A.K.V.//- U T