Patna High CourtCR. MISC./71526/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-10-26Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71526 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Vikash Kumar S/O Tarkeshwar Rai @ Bholu Rai R/O Village- Jamalpur, P.SKoilwar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Ataul Haque For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 182 of 2023 dated 03.04.2023 registered under Sections 147, 149, 307, 504 and 506 of the I.P.C.

3. As per the prosecution case while the informant was walking in the night after having dinner, 4-5 persons arrived there along with arms in search of her tractor driver and started abusing. It has further been alleged that all the accused persons started firing also. The reason behind the occurrence as alleged is that a few days back the informant's tractor driver having some issue of overtaking of the vehicle of the accused persons for which they had threatened of dire consequences. The petitioner along with the other accused persons are named in the first information report.

Patna High Court CR. MISC. No.71526 of 2024(2) dt.26-10-2024 2/2

4. Learned counsel for the petitioner submits that both the parties are co-villagers living in the same locality and petitioner has been made accused due to previous enmity. Learned counsel submits that no body has sustained any fire arm injury nor the used cartridges have been recovered from the place of occurrence.

5. Regard being had to the submission made by the parties, taking into consideration the fact that no body has sustained any fire arm injury and the used cartridges have not been recovered from the place of occurrence , I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur at Arrah in connection with Koilwar P.S. Case No. 182 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T