Vikash Singh @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73167 of 2023 Arising Out of PS. Case No.-355 Year-2023 Thana- BEUR District- Patna ====================================================== 1.
VIKASH SINGH @ VIKASH KUMAR S/O- SATENDRA RAI R/OVILLAGE- SIPARA BATHANI, P.S.- BEUR, DIST.- PATNA 2.
DILIP KUMAR S/O- SATENDRA RAI R/O- VILLAGE- SIPARA BATHANI, P.S.- BEUR, DIST.- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pranaya Shankar Sinha, Advocate For the State :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 323, 341, 307, 504 and 34 of the Indian Penal Code.
3. As per prosecution case, these petitioners, along with other co-accused persons, are alleged to have assaulted the informant by means of lathi, danda, bricks and rods due to which the informant received head injuries.
4. It is submitted by learned counsel appearing on behalf of the petitioners that the allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. The injuries sustained by the
Patna High Court CR. MISC. No.73167 of 2023(3) dt.29-02-2024 2/2 informant has been found to be simple in nature. It is next submitted that co-accused persons Satendra Rai and Yogendra Rai have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 25.01.2024 passed in Cr. Misc. No. 68842 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured and claim based on parity, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Patna Sadar, Patna, in connection with Beur P.S. Case No.355 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T