Vikash Yadav @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52137 of 2023 Arising Out of PS. Case No.-849 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== VIKASH YADAV @ VIKASH KUMAR Son of Baiju @ Vijay Kumar Yadav Resident of village - Gowaltoli, Sakri Gali, P.S. - Alamganj, Distt. - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Gupta Mr. Mahesh Prasad For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2023 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 504 of the Indian Penal Code and Section 25 (1-B) A/26/27/35 of the Arms Act.

3. As per the allegation, at the occasion of immersion of effigy of goddess Kali, the members of the procession opened celebratory firing.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.52137 of 2023(2) dt.30-08-2023 2/2 omnibus in nature. The petitioner is not named in the FIR, he has been made accused in the present case during the course of investigation. He further submits that similarly situated coaccused persons have been granted bail by co-ordinate Bench of this Court. Petitioner has three criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as similarly situated co-accused persons have been granted bail, let the above named petitioner, be released on bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Alamganj P.S. Case No.849 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T