Vikash Ram @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68680 of 2021 Arising Out of PS. Case No.-458 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== VIKASH RAM @ VIKASH SINGH Son of Jagdish Ram @ Raju Singh Resident of Mohalla Near Hoarish Presh Pitameshwar, P.S.- Civil Line, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kunwar Narayan Jamuar, Adv.
For the Opposite Party/s :
Mr.Uday Pratap Singh. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-05-2022 Heard.
The petitioner seeks regular bail in connection with Civil Line P.S. Case No. 458 of 2019, registered for the offence punishable under sections 147, 148, 149, 341, 323, 504, 506, 353, 379, 307, 332, 333 of the Indian Penal Code. The case of the prosecution in brief is that while the informant along with other police personnel was on duty, five named accused persons including the petitioner and 10-15 unknown accused persons are alleged to have assaulted one of the police personnel with stick and iron rod, resulting in him sustaining injury, however, the accused persons are stated to have fled away when the police vehicle had arrived there. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.68680 of 2021(2) dt.05-05-2022 2/3 that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 10.08.2021. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled qua the petitioner herein and he has not been alleged to have engaged in any sort of specific overt act. It is also submitted that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court vide order dated 20.01.2021 passed in Cr. Misc. No. 31527 of 2021.
Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the parties, taking into account the materials available on record and considering the parity of the case of the petitioner with that of the coaccused persons, who have already been granted bail by a coordinate Bench of this Court, as also considering the fact that a general and omnibus allegation has been levelled against all the accused persons of assaulting the injured person apart from the fact that the petitioner is having a clean antecedent and is languishing in custody since about nine months, I deem it fit and
Patna High Court CR. MISC. No.68680 of 2021(2) dt.05-05-2022 3/3 proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned court of Chief Judicial Magistrate, Gaya in connection with Civil Lines P.S. Case No. 458 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T