Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55966 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Vicky Kumar Son of Late Triveni Rai Resident of Village- Nandgaon, P.S.- Shastrinagar, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Shastrinagar P. S. Case No. 231 of 2022 registered for the offences punishable under Sections 341, 342, 323, 387, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to the prosecution, four accused persons including the petitioner tried to snatch the motorcycle of the informant and assaulted the brother of the informant. Further, allegation is that the petitioner alongwith co-accused resorted to firing to create terror.

4. Learned counsel for the petitioner is innocent and has falsely been implicated with ulterior motive, there are

Patna High Court CR. MISC. No.55966 of 2023(2) dt.08-09-2023 2/2 general and omnibus allegation against the petitioner. Further, it is submitted that the informant himself is a person having chequered history and co-accused Raju Kumar earlier filed criminal case against the informant due to which he has filed this false case. Petitioner has no criminal antecedent. There is no injury caused to informant's brother.

5. Learned APP as well as the learned counsel for the Opposite Party No. 2 has no objection to this application.

6. In view of the undertaking by petitioner and considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on 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 concerned Court where the case is pending in connection with Shastrinagar P. S. Case No. 231 of 2022, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) shweta/- U T