Patna High CourtCR. MISC./67101/2023bail granted

Vikash Kumar Singh v. The State Of Bihar

2023-10-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67101 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== VIKASH KUMAR SINGH S/O SATENDRA SINGH, R/O VILLAGEKUMIHILA, PS- KARGAHAR, DISTRICT ROHTAS. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Chaubey, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner as well as Mr. Shailendra Kumar, the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Kargahar P.S. Case No. 447 of 2022, registered for offence punishable under sections 341, 323, 324, 307, 354, 379, 448, 504 and 506/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per FIR, on 09.12.2022 at about 7:30 A.M, the informant and his brother had gone to natural call and saw that the petitioner and co-accused persons were ploughing his land. When the informant objected, accused persons assaulted the informant and his family members. Co-accused Pratap Kumar Singh shot fire upon the informant. They also snatched a gold chain worth Rs.50,000/- from the possession of informant's mother and threatened to kill.

Patna High Court CR. MISC. No.67101 of 2023(2) dt.18-10-2023 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent. He has falsely been implicated in this case. He is a person of clean antecedent and he is not the assailant. There is case and counter case. There is land dispute between the parties and the injuries are simple in nature.

5. On the other hand, Mr. Shailendra Kumar, the learned APP has opposed the prayer for bail and submitted that the petitioner was also a member of unlawful assembly, who badly assaulted the members of prosecution side.

6. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let him, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, District-Rohtas in connection with Kargahar P.S. Case No. 447 of 2022, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T