Vikash Kumar @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20744 of 2018 Arising Out of PS.Case No. -387 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Vikash Kumar @ Vikash Singh S/o Dadan Singh, R/o Village- Ekwana South, P.S.- Udwant Nagar, District- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 341, 307 and 504/34 of the Indian Penal Code. The prosecution case as per the written report of Harshit Parmar dated 06.12.2017 submitted to the Station House Officer, Udwantnagar is to the effect that on 06.12.2017 in the afternoon the informant was going to his house but he was about 200 meters from the school when the petitioner along with 5-6 persons stopped the informant and while abusing the informant they assaulted him with iron rod on his head as a
Patna High Court Cr.Misc. No.20744 of 2018 (2) dt.20-04-2018 result the informant received injury. When the informant fell down then other accused persons also assaulted him. On alarm being raised the neighbour people came and saved the informant.
It is submitted by learned counsel for the petitioner that in the background of petty dispute the accusation has been levelled. The injuries have been found superficial, simple in nature and a statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP, however, submits that the petitioner is named in the FIR.
Considering the rival submissions of the parties keeping in view the nature of injury being simple in nature and the fact that the FIR was registered on 06.12.2017 but it reached to the Court on 08.12.2017 which suggests antedating, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S.
Patna High Court Cr.Misc. No.20744 of 2018 (2) dt.20-04-2018 Case No. 387 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T