Vikash Sah @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59806 of 2024 Arising Out of PS. Case No.-266 Year-2024 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.
Vikash Sah @ Vikash Kumar Son Of Gopal Sah @ Gopal Jaishwal VillageTarwara Purani Bazar, Ps- G.B. Nagar, Dist- Siwan 2.
Pankaj Sah @ Pankaj Kumar Son Of Mohan Sah Village- Tarwara Purani Bazar, Ps- G.B. Nagar, Dist- Siwan 3.
Bashistha Jaishwal @ Vashistha Sah Son Of Achhutanand Sah @ Kukur Sah Village- Tarwara Purani Bazar, Ps- G.B. Nagar, Dist- Siwan 4.
Bhim Jaishwal @ Bhim Kumar Sah @ Bhim Ku. Jaishwal Son Of Tarachand Sah Village- Tarwara Purani Bazar, Ps- G.B. Nagar, Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Chandra For the Opposite Party/s :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-09-2024
1. 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, 341, 323, 325, 332, 333, 307, 353, 504, 506 and 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and the informant alleges that he received an information on 30.05.2024 at 08:35 AM that Awadhesh and others resident of Udiyan Tola have
Patna High Court CR. MISC. No.59806 of 2024(2) dt.18-09-2024 2/3 brought Chhathu of Tarwara Tola and are assaulting him on account of dispute relating to a girl, accordingly, the informant reached Udiyan Toal along with the force and saw that accused persons along with 34 named accused persons were assaulting Chhathu, hence informant tried to reason out with the accused persons for pacifying the issue, but Sujit assaulted him by lathi from behind causing injury, thereafter the Officer-in-charge reached the place of occurrence with reinforcement and thereafter the situation was brought under control.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that specific allegation of assaulting the informant is against Sujit who is not a petitioner in the instant anticipatory bail application and as far as other petitioners are concerned, the allegation against them are general and omnibus in nature. It is also submitted that petitioners had not participated in the occurrence. It is next submitted that since petitioners also resided close by where Chhathu was brought by Awadhesh and others, as such, out of inquisitiveness they had gone to the place of occurrence to see what was happening and they came to be implicated.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.59806 of 2024(2) dt.18-09-2024 3/3 anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gautam Budh Nagar P.S. Case No. 266 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. At this stage, the learned counsel for the petitioners seeks permission to add alias name in the father's name of petitioner nos. 1 and 3.
8. Permission is accorded.
(Satyavrat Verma, J) Rishabh/- U T