Patna High CourtCR. MISC./74364/2023bail granted

Bikram Kumar @ Bikram Raj v. The State Of Bihar

2023-12-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74364 of 2023 Arising Out of PS. Case No.-172 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bikram Kumar @ Bikram Raj S/O Sanjay Rai @ Sanjay Kumar R/O VillageBishunpur, Baladhari Balwa, P.S- Sadar, Distt.- Vaishali, Dighi Lal Pokhar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Hajipur Sadar P.S. Case No. 172 of 2023 dated 14.03.2023 registered for the offences punishable under Sections 147, 149, 341, 323, 354B, 379, 504, 506 read with 307 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons armed with deadly weapons came and started abusing and assaulting the informant. In the meantime,

Patna High Court CR. MISC. No.74364 of 2023(2) dt.05-12-2023 2/3 the co-accused Prince Kumar fired from his pistol with intent to kill the informant but the bullet passed away touching hit left hand and the co-accused Raushan Kumar assaulted him with iron rod on the head causing injury. Thereafter, the co-accused Abhimanyu Kumar snatched golden chain from the informant neck worth Rs. 75,000/-. When Suman Kumar came to rescue, the petitioner assaulted him with iron rod causing head injury and when Murti Devi came to rescue, the co-accused Vivek Kumar assaulted her and outraged her modesty.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is a case and counter case between both the parties. Learned counsel has further submitted that the specific allegation of firing is against the co-accused Prince Kumar. The petitioner is accused in three other criminal cases on which he is on bail as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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.

Patna High Court CR. MISC. No.74364 of 2023(2) dt.05-12-2023 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 172 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T