Vikash Singh @ Vikash Kumar Singh @ Vikash Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52968 of 2024 Arising Out of PS. Case No.-264 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.
VIKASH SINGH @ VIKASH KUMAR SINGH @ VIKASH KR. SINGH S/O BHIKHARI SINGH @ BALIRAM SINGH R/O VILL- KUSHAHAR, P.S. - MAHAMMADPUR, DIST - GOPALGANJ.
2.
VIJAY PRATAP SINGH S/O SWAMI NATH SINGH R/O VILLKUSHAHAR, P.S. - MAHAMMADPUR, DIST - GOPALGANJ. ... ... Petitioners.
Versus
THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 332, 333, 353 & 354/34 of the Indian Penal Code.
3. As per the F.I.R., all the accused persons including these petitioners and 40-50 unknown persons armed with lathi-danda came and attacked on the police party and released the petitioners from the custody of the police. They also scuffled, abused, misbehaved and used filthy language with lady constables and tried to snatch pistol from A.S.I.
4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have
Patna High Court CR. MISC. No.52968 of 2024(2) dt.28-08-2024 2/2 been falsely implicated in this case in a mechanical manner by the police at the instance of the village Chaukidar, who named the petitioners due to previous enmity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that similarly situated co-accused have already been granted bail by the learned Court below. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that the allegation against the petitioners is not specific, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mohammadpur P.S. Case No.264 of 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T