Bipin Kumar @ Vipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63899 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== 1.
Bipin Kumar @ Vipin Kumar Son of Tetar Sah Resident of Village - Rampur Bishun, P.S - Warisnagar, District - Samastipur 2.
Ram Dinesh Sah @ Ramesh Sah Son of Tetar Sah Resident of Village - Rampur Bishun, P.S - Warisnagar, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra,Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2025 Heard Mr. Vinay Kumar Mishra, learned counsel for the petitioners and Mr. P.K.Pandey, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 504, 506, 379 and 34 of the Indian Penal Code.
3. As per prosecution case, on the order of co-accused Tetar Sah, petitioner no.1 (Bipin Kumar) assaulted daughter of the informant with bat, whereas petitioner no. 2 (Ram Dinesh Sah) assaulted second daughter of the informant by means of iron rod.
4. Learned counsel for the petitioners submits that petitioners and informant are co-villagers and due to previous
Patna High Court CR. MISC. No.63899 of 2024(3) dt.17-01-2025 2/3 enmity, petitioners have been falsely implicated in this case. Similarly situated co-accused have already been granted anticipatory bail by this Court, vide order dated 11.07.2024 passed in Cr.Misc. No. 27588/2024. Petitioners claim clean antecedent.
5. However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that petitioners are named in the F.I.R. with specific allegation that they assaulted the daughters of informant with bat and iron rod. Though, injury caused by petitioner no. 2 is simple, but the injury caused by petitioner no. 1 is grievous in nature.
6. Considering the same, the prayer for anticipatory bail of petitioner no.1 (Bipin Kumar) is rejected.
7. However, since injury caused by petitioner no. 2 (Ram Dinesh Sah) is simple in nature, in the event of his arrest/surrender within a period of eight weeks from today, let the petitioner no.2, as named above, 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 Chief Judicial Magistrate, Samsatipur in connection with Warisnagar P.S. Case No. 14 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.63899 of 2024(3) dt.17-01-2025 3/3 Procedure.
8. This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay U T