Vikash Kumar @ Vikash Kumar Singh @ Joni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68211 of 2023 Arising Out of PS. Case No.-573 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
VIKASH KUMAR @ VIKASH KUMAR SINGH @ JONI Son of Dhanesh Singh R/o vill - Masarh, P.S. - Udwant Nagar (Gajrajganj O.P), Distt. - Bhojpur 2.
Akash Kumar @ Akash Kumar Singh @ Jhandu Son of Dhanesh Singh R/o vill - Masarh, P.S. - Udwant Nagar (Gajrajganj O.P), Distt. - Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. At the very outset, learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1, submitting that during pendency of this application petitioner no.1 has been apprehended by the police.
3. Permission is granted.
4. Accordingly, this application is dismissed as withdrawn in respect of petitioner no.1 only.
5. Now, this application survives only for petitioner no.2.
6. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324 and
Patna High Court CR. MISC. No.68211 of 2023(2) dt.02-11-2023 2/3 504/34 of the Indian Penal Code.
7. While the informant was at his shop, the petitioner in association of other co-accused is said to have reached there and assaulted him due to which he sustained injury in his right hand and head.
8. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the basis of a concocted story. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that both the parties are agnates and due to petty dispute some altercation due to which whole family members of the petitioner has been falsely implicated in this case. As a matter of fact, on the date of occurrence, the petitioner was at Patna. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
9. Learned APP for the State opposed the prayer for bail.
10. Having regard to the facts and circumstances of the case, let the above named petitioner no.2, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.68211 of 2023(2) dt.02-11-2023 3/3 learned Court below where the case is pending/successor Court in connection with Udwant Nagar (Gajrajganj O.P.) P.S. Case No. 573 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U