Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71911 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Vikash Kumar, (Male), aged about 27 years, S/o Mithelesh Thakur, R/o vill - Gaghi Tola PS- Mahnar, District- Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sumit Kumar Srivastva, Advocate For the Opposite Party :
Mrs. Pushpa Sinha.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mahnar P.S. Case No. 83 of 2023 dated 29.03.2023 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 506 read with 34 of the I.P.C.
3. As per the prosecution case, the petitioner and the co-accused persons holding deadly weapons are alleged to have come to the door of the informant and started abusing. On being objected by the informant, the co-accused Chandeshwar Rai and Jai Lal Rai exhorted to kill then the co-accused, Rangila Rai inflicted iron rod blow on the head of the informant but the
Patna High Court CR. MISC. No.71911 of 2024(2) dt.11-12-2024 2/3 same hit his nose causing cut injury and he fell down. On hulla, the informant's brothers came to rescue the informant then the co-accused, Subodh Rai @ Mahto assaulted with sharp edged weapons on the head of Sunil Kumar Mishra causing head injury. The co-accused, Chandeshwar Rai and Jai Lal Rai assaulted with bamboo to Arun Mishra and Mohan Mishra assaulted on his head causing head injury. All the accused persons also assaulted the informant's nephew, Gaurav Kumar and Priyanshu Kumar with lathi and danda. It is further alleged that the co-accused, Rangila Rai snatched golden chain from the informant's nephew, Ayush Raj and Rs. 10,000/- from the pocket of the informant. The accused persons also threatened the informant of dire consequences.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case due to dirty local politics. There is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner was simply a member of mob. The petitioner has no concern with the alleged offence. The other coaccused Vijay Rai has already been granted anticipatory bail by a Bench of this court vide Cr. Misc. No. 4410 of 2024 under
Patna High Court CR. MISC. No.71911 of 2024(2) dt.11-12-2024 3/3 order dated 22.02.2024, annexed as Annexure-2 to the present bail petition. The petitioner has clean antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Mahnar P.S. Case No. 83 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T