Vivek Kumar @ Vivek Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59359 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

VIVEK KUMAR @ VIVEK SHARMA S/o- RAM PRAKASH SHARMA Village- Bariyarpur Pashchim W. No-2, Ps- Khodawandpur Dist- Begusarai 2.

Rahul Kumar @ Rahul Kumar Sharma son of ram Prakash Sharma VillageBariyarpur Pashchim W. No-2, Ps- Khodawandpur Dist- Begusarai 3.

Rohit Kumar @ rohit Kumar Sharma son of ram Prakash Sharma VillageBariyarpur Pashchim W. No-2, Ps- Khodawandpur Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Kumar Binode Bariar For the State :

Mr.Rana Randhir Singh For the Informant :

Mr.Subhesh Pandey Mr.Amli Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 448, 341, 323, 379, 354(B), 308, 427, 504/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 08.05.2023 at about 12:00 noon, petitioners alongwith 4-5 unknown persons reached at the house of the informant and asked him to clear the barrier of way, but on protest by informant, all the petitioners started assaulting him and his family members, in which three persons including informant sustained injury. It is further alleged that when Niripala Devi and, Laxmi Devi reached there to save injured persons, they were also assaulted. It is next

Patna High Court CR. MISC. No.59359 of 2023(4) dt.07-05-2024 2/2 alleged that during the assault, the accused petitioners also snatched cash of Rs. 23,000/-(twenty three thousand) from the box of the informant and also damaged the motorcycle of the informant.

4. It is submitted on behalf of petitioners that both parties are close agnate and due to dispute over pathway, a scuffle took place. There is case and counter case. The injuries sustained by the injured are simple in nature. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 137 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T