Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69338 of 2022 Arising Out of PS. Case No.-75 Year-2021 Thana- MAHESI District- East Champaran ====================================================== 1.

VIKASH KUMAR Son of Surendra Yadav Resident of Village- Tajpur Bara, P.S.- Mehsi, District- East Champaran 2.

ARVIND KUMAR Son of Nawal Kishore Yadav Resident of Village- Tajpur Bara, P.S.- Mehsi, District- East Champaran 3.

MITHLESH KUMAR Son of Bhuneshwar Prasad Yadav Resident of Village- Tajpur Bara, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari, Adv.

For the Opposite Party/s:

Mr.Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 325, 324, 307, 365, 367 and 120 (B) of the Indian Penal Code. Allegedly, petitioners along with other co-accused persons assaulted the informant with intention to kill him. On information, when the police arrived, they also assaulted the police and damaged the police vehicle.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not spe-

Patna High Court CR. MISC. No.69338 of 2022(2) dt.24-01-2023 2/2 cific rather general and omnibus in nature. Though the allegation against the petitioners that they assaulted the informant with different weapons and caused him injury, but as per the injury report, the injury sustained by the informant is simple in nature. Petitioner no.2 has no criminal antecedent whereas petitioner nos. 1 & 3 have one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the injury sustained by the informant is simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mehsi P.S. Case No.75 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T