Vijay Kumar @ Golden Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60357 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- Piplawa District- Patna ====================================================== 1.
Vijay Kumar @ Golden Kumar S/o- Jawahar Prasad @ Jawahir Singh Village- Adampur Ps-Piplawan Pitwas District-Patna 2.
Ram Soorat Prasad @ Ramsurat Yadav Son of Late Ramanand Yadav Village- Adampur Ps-Piplawan Pitwas District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samrendra Jha For the Opposite Party/s :
Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition in respect of petitioner no. 1 (VIJAY KUMAR @ GOLDEN KUMAR).
2. Permission is accorded.
3. The anticipatory bail petition stands dismissed as withdrawn, so far as petitioner no. 1 is concerned.
4. Sole petitioner (i.e. petitioner no. 2 Ram Soorat Prasad @ Ramsurat Yadav) apprehends his arrest in a case registered for the offence under Sections 147, 148, 149, 323, 307, 341, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
5. As per prosecution case, on 19.01.2024 at 11 AM,
Patna High Court CR. MISC. No.60357 of 2024(2) dt.27-09-2024 2/3 on account of land dispute, all the F.I.R. named accused persons including this petitioner and 5-6 unknown persons came at the house of informant and started indiscriminate firing, as a result of which, elder brother of informant sustained fire-arm injury.
6. Learned counsel for the petitioner submits that specific accusation of firing is against co-accused Nandlal Paswan, Birbal Kumar and Banbari Gope. So far as this petitioner is concerned, there is no allegation of firing against him and he is only alleged to be member of the mob. Similarly situated co-accused Shatrughan Kumar and Sunny Raj have already been granted anticipatory bail by this Court, vide orders annexed as Annexure P/2 series. Petitioner claims clean antecedent.
7. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of petitioner.
8. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Danapur (Patna) in connection with Piplawan (Pitwas) P.S. Case No. 12 of 2024, subject to condition as laid
Patna High Court CR. MISC. No.60357 of 2024(2) dt.27-09-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure.
9. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T