Vivek Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41777 of 2018 Arising Out of PS.Case No. -168 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. VIVEK KUMAR, Son of Prabhat Paswan,

2. Vishal Kumar, Son of Prabhat Paswan, Both resident of Village- Suratpur Vidya P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Mahua P.S.Case no.168 of 2016 registered for offences punishable under Sections 323, 307,342 and 379 of the Indian Penal Code.

Allegation against the petitioner is that they assaulted the informant and thrown him into the dry well.

Submission of the learned counsel for the petitioner is that the injuries were found to be simple except one; about which x-ray was suggested but the informant had not appeared for x-ray and a compromise has been reached between the parties. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.41777 of 2018 (4) dt.13-08-2018 2/2 circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail to the petitioner, however, if the petitioners surrenders and pray for regular bail, which will be considered on the basis of materials available on the record as well as on the submission that the compromise has been reached between the parties and if possible to be disposed of on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T