Vikash Kumar @ Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61818 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- JADIA District- Supaul ====================================================== 1.
VIKASH KUMAR @ BIKASH KUMAR Son of Anmol Yadav R/o vill - Koriapatti West, Tola - Khut, P.s. - Jadiya, Distt. - Supaul 2.
Arvind Yadav Son of Narayan Yadav R/o vill - Koriapatti West, Tola - Khut, P.s. - Jadiya, Distt. - Supaul 3.
Anmol Yadav Son of Moti Yadav R/o vill - Koriapatti West, Tola - Khut, P.s. - Jadiya, Distt. - Supaul 4.
Subhash Yadav Son of Narayan Yadav R/o vill - Koriapatti West, Tola - Khut, P.s. - Jadiya, Distt. - Supaul ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Mr. Indrajeet Bhushan For the Opposite Party/s :
Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 354, 379, 504, 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioners is that the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.61818 of 2023(3) dt.05-03-2024 2/3 offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He fairly submits that the petitioner no.4 assaulted one Kinnu Yadav due to which he sustained grievous injury and regarding the rest of the petitioners, the injuries attributed towards them is of simple nature. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner no.4 namely to tease assault Kinnu Yadav.
6. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.4 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
7. However, if the petitioner no.4 surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
8. Further considering that the nature of injuries attributed towards the petitioner nos.1, 2 and 3 is simple, let the above named petitioner nos.1, 2 and 3, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond
Patna High Court CR. MISC. No.61818 of 2023(3) dt.05-03-2024 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jadiya P.S. Case No.54 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T