Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53039 of 2022 Arising Out of PS. Case No.-260 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== 1.
VIKASH KUMAR Son of Prakash Thakur Resident of Village - Bihat, Ward no.26, Tola Jagir, P.s.- Barauni, Distt.- Begusarai. 2.
Rikesh Kumar Son of Prakash Thakur Resident of Village - Bihat, Ward no.26, Tola Jagir, P.s.- Barauni, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Sikha Roy, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in connection with Barauni P.S. Case No. 260 of 2022 for the offence registered under Sections 341, 323, 504, 506, 324 and 307/34 of the Indian Penal Code.
As per the FIR, the informant alleged that while he was returning home, his brother, Prakash Thakur along with his sons and other accused persons firstly abused and then assaulted causing injury on his back and chest.
Learned counsel for the petitioners has taken this Court to the injury report which shows that the same is found to
Patna High Court CR. MISC. No.53039 of 2022(2) dt.17-01-2023 2/3 have been simple in nature. Further submission is that the two boys are young and have no criminal antecedent. It is his last submission that since the informant is also a family member, irrespective of the result of the case, the petitioners will be contributing a sum of Rs. 20,000/- towards the medical assistance through demand draft issued by the local branch of State Bank of India to be submitted before the 'NAZARAT' of the concerned Court to be handed over to the informant after checking the credentials.
Learned APP for the State opposes the prayer for anticipatory bail.
Taking into account the fact that the injuries have been found to be simple in nature, petitioners are young boys and have no criminal antecedent, this Court is inclined to grant them privilege of anticipatory bail, subject to payment of Rs. 20,000/- as stated above.
Let the petitioners, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.
Patna High Court CR. MISC. No.53039 of 2022(2) dt.17-01-2023 3/3 260 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Jagdish/Neha - U