Vicky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58532 of 2024 Arising Out of PS. Case No.-192 Year-2023 Thana- AKHODHIGOLA District- Rohtas ====================================================== Vicky Kumar Son Of Late Awadhesh Singh Resident Of Village - Bank, Ward No.7, P.S. - Akhorhigola, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-10-2024 Heard Mr. Bhaskar Shankar, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Akhorigola P.S. Case No. 192 of 2023 registered for the offence punishable under Sections 307, 341, 323, 324, 504, 506 and 34 of the Indian Penal Code.
3. Prosecution story, in brief, is that the petitioner along with other co-accused assaulted the informant by means of knife on the neck which hit near the eye of the informant. The other accused persons along with the petitioner assaulted with fist causing chest injury.
4. Learned counsel appearing on behalf of the petitioner submits that the specific allegation against the
Patna High Court CR. MISC. No.58532 of 2024(3) dt.26-10-2024 2/3 petitioner is that he, by means of knife, has given blow on the neck of the informant but the injury sustained by the informant is on his cheek and the same is simple in nature. So far as, chest pain of the informant is concerned, the same cannot be attributed only to the petitioner. The allegation being general and omnibus in nature, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioner in the F.I.R., which is general and omnibus, I am of the opinion that, prima facie, the petitioner has made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas in connection with Akhorigola P.S. Case No. 192 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify
Patna High Court CR. MISC. No.58532 of 2024(3) dt.26-10-2024 3/3 the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) guddu/ashishU T