Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72759 of 2023 Arising Out of PS. Case No.-455 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== VIVEK KUMAR SON OF CHHOTAKI REGANIYA R/O CHHOTAKI REGANIYA, P.S.- MALI, DIST.- AURANGABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramendra Kumar Singh Mr. Sanjay Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
3. As per F.I.R., all the accused persons including this petitioner and five unknown persons attacked the informant with knife, as a result of which, he sustained stab injury on his back and left arm. It is further alleged that accused persons also took out Rs. 10,000/- from the informant and this petitioner is alleged to have snatched a gold locket of Bajrangbali from the neck of informant.
4. It is submitted on behalf of petitioner that allegation of assault is general and omnibus and no specific allegation of
Patna High Court CR. MISC. No.72759 of 2023(2) dt.07-11-2023 2/2 overt act has been alleged against this petitioner. The allegation of snatching gold locket from the informant is ornamental only with a view to make the case grave. Though, there is allegation of knife injury to the informant, but there is no injury report on the record. Petitioner has got clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned C.J.M., Aurangabad in connection with Aurangabad Town P.S. Case No. 455 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T