Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73140 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- PALANWA District- East Champaran ====================================================== Vikash kumar S/o Balistar Ojha @ Prakash Ojha R/o Village- Laxmipur, P.S.- Palanwa, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 353, 332, 504 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, while informant, who was Chaukidar, was performing his duty in village Bhulwahiya, all the F.I.R. named accused persons including this petitioner came there and brutally assaulted him with lathi, danda due to which he sustained injury.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Allegation of assault is general and omnibus and injuries sustained by the injured are simple in nature. It is further submitted that similarly
Patna High Court CR. MISC. No.73140 of 2024(2) dt.18-01-2025 2/2 situated co-accused persons have already been granted anticipatory bail by this Hon'ble Court vide order dated 27.07.2023 passed in Cr. Misc. No. 34874 of 2023. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of accusation, simple injury and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Raxaul at Motihari in connection with Palanwa P. S. Case No. 14 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T