Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75174 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Vikash Kumar Son of Ramsikil Yadav @ Ram Sakeel Yadav Resident of VillBachhwara Tara, P.S- Bachhwara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Adv.
For the Opposite Party/s :
Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No. 2 of 2024 registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the husband of the Informant by means of iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that there is no direct or specific allegation
Patna High Court CR. MISC. No.75174 of 2024(2) dt.25-10-2024 2/3 of assault against the petitioner rather the same is against the coaccused Golu Kumar. The petitioner is alleged to have opened fire but, no one sustained any injury. The Doctor has found that the injury sustained by the husband of the petitioner is simple in nature. The petitioner has two criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.
5. Learned counsel for the petitioner further submits that the co-accused Golu @ Gaurav Kumar has been granted anticipatory bail by this Court vide order dated 06.09.2024 passed in Cr. Misc. No. 50192 of 2024.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.75174 of 2024(2) dt.25-10-2024 3/3 Bachhwara P.S. Case No. 2 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T