Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68438 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== 1.

Vikash Kumar Son of Amrendra Singh Resident of Village - Narha Ward No.5, P.s.- Suppi, Distt.- Sitamarhi.

2.

Amrendra Kumar Singh Son of Chandrika Singh Resident of Village - Narha Ward No.5, P.s.- Suppi, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 324, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged by the informant that co-accused Ghanshyam Jha and Bhola Kumar came along with two other accused persons in the house of the informant and co-accused Ghanshyam Jha assaulted with sword and co-accused Bhola Kumar assaulted with Dabiya which hit

Patna High Court CR. MISC. No.68438 of 2021(2) dt.18-07-2022 2/3 on the neck and shoulder of the informant. The two unknown persons shot fire at the informant which did not hit him.

It is submitted by learned counsel for the petitioners that petitioners are not named in the F.I.R and only on suspicion, they have been roped in the present case. There is no injury of fire arm. The thrust of accusation is against co-accused Ghanshyam Jha and Bhola Kumar. It is further submitted that prior to lodging of the present F.I.R, daughter of petitioner No. 2 has lodged a case against the brother of the informant under POCSO Act, hence, in order to put pressure, this false case has been registered against the petitioners. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail

Patna High Court CR. MISC. No.68438 of 2021(2) dt.18-07-2022 3/3 on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Suppi P.S. Case No. 127 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T