Vikash Kumar @ Millu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 68746 of 2024 Arising Out of PS. Case No.-349 Year-2024 Thana- SUPAUL District- Supaul ====================================================== Vikash Kumar @ Millu Son of Ravi Kumar Kamat @ Ravi Kamat @ Rauvi Kamat Resident of Mohalla- Bina Road Ward No. 24, P.S.- Supaul, DistrictSupaul ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Patla Kumari, Advocate For the State :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Supaul PS. Case No. 349 of 2024 dated 31.05.2024, registered for the offences punishable under Sections 341, 323, 379, 385, 387, 504 and 506 of the Indian Penal Code.

3. The prosecution case as emerges from the FIR is that there is allegation that the accused was arrested on the previous written report of the informant to the police in Supaul P.S. Case No. 295 of 2024 and after getting released in that case, the petitioner came to his hospital and started making ruckus and abusing him and his compounder and demanding

Patna High Court CR. MISC. No. 68746 of 2024(3) dt.18-01-2025 2/3 Rs. 90,000/- towards expenses incurred in the previous case filed by him. He also snatched a sum of Rs. 20,000/- from his pocket showing firearms.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. As a matter of fact, the Petitioner has one tea stall adjoining the hospital of the doctor/informant and he wants to grab this land, and hence, with intent to harass the Petitioner, he is frequently filing false criminal cases against him. There is no truth in the allegation.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in four other cases.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the

Patna High Court CR. MISC. No. 68746 of 2024(3) dt.18-01-2025 3/3 date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Supaul, in connection with Supaul PS. Case No. 349 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T