Patna High CourtCR. MISC./52128/2024bail granted

Vipul Kumar @ Bipul Kumar v. The State Of Bihar

2024-08-06Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52128 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- Hathiyav District- Sheikhpura ====================================================== Vipul Kumar @ Bipul Kumar Son of Parshuram Singh R/O Vill.- Hathiyawan, P.s.- Hathiyawan, Dist.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that on 19.04.2024 when his brother came out of the booth, he was intercepted by the accused persons including the petitioner and Saket assaulted him by an iron rod causing injury on head and thereafter petitioner assaulted his brother by knife causing injury near his eyes, thereafter, Damodar and Saket assaulted his brother and petitioner who was in a drunken state, snatched Rs. 2500/-, the

Patna High Court CR. MISC. No.52128 of 2024(2) dt.06-08-2024 2/3 reason for the occurrence is that the accused were trying to bogus voting.

5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is also submitted that from side of the petitioner, Hathiyawan P.S. Case No. 14 of 2024 was instituted against the side of the informant and others. It is next submitted that it was the side of the informant who were the aggressors and had assaulted the side of the petitioner and one of the injured from the side of the petitioner also received grievous injury on his hand, but then submits that informant's side had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 45359 of 2024 (Dheeraj Kumar & Ors. Vs. The State of Bihar) and the same was allowed by an order dated 01.07.2024.

It is further submitted that though against this petitioner, it is alleged that he assaulted the injured by knife causing injury near his eye and also snatched Rs.

Patna High Court CR. MISC. No.52128 of 2024(2) dt.06-08-2024 3/3 further no sharp cut wound has been recorded in the injury report.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hathiyawan P.S. Case No. 15 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T