Vikash Kumar @ Abhinav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61388 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- KOTWALI District- Patna ====================================================== VIKASH KUMAR @ ABHINAV KUMAR S/O UMA NATH SINGH @ UMAKANT SINGH Resident of village- Maner near Church P.S.- Maner, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr.Adv.

Mr. Amit Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 353, 307, 279, 333 of the Indian Penal Code.

As per the prosecution case, on the alleged date and time of occurrence, while the informant was on traffic control duty, the petitioner, riding on his 4-wheeler, came from western side and without turning towards income tax golambar tried to come in southern side through U-turn, in the meantime, a lady constable namely Babita Kumari tried to stop him, but the petitioner on his car dashed her and fled away, as a result of which, the lady constable received some injuries. It is submitted on behalf of petitioner that petitioner

Patna High Court CR. MISC. No.61388 of 2022(2) dt.17-03-2023 2/2 has been falsely implicated in this case. In fact, petitioner was coming from his house and near income tax Golambar, the victim (lady constable) suddenly came in front of the vehicle to stop for checking and in course thereof, she met with an accident. Petitioner had no intention to dash or kill the victim. Though, as per F.I.R., lady constable Babita Kumari received some injuries, but there is no injury report available on record. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 C.J.M., Patna in connection with Kotwali P.S. Case No. 92 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T