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Patna High CourtCR. MISC./75035/2023bail granted

Vicky Kumar @ Vikky Kumar @ Vicky Kumar Das v. The State Of Bihar

2023-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75035 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== 1.

VICKY KUMAR @ VIKKY KUMAR @ VICKY KUMAR DAS SON OF RAJ KUMAR DAS RESIDENT OF VILLAGE - PAUR MAY SAH MOHAMMADPUR, P.S. - TISIAUTA, DISTRICT - VAISHALI 2.

VIKASH KUMAR @ BIKASH KUMAR @ VIKASH KUMAR DAS SON OF RAJ KUMAR DAS RESIDENT OF VILLAGE - PAUR MAY SAH MOHAMMADPUR, P.S. - TISIAUTA, DISTRICT - VAISHALI 3.

MUKESH KUMAR @ MUKESH KUMAR DAS SON OF RAJ KUMAR DAS RESIDENT OF VILLAGE - PAUR MAY SAH MOHAMMADPUR, P.S. - TISIAUTA, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 307, 325, 427, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, on 18.04.2023 at about 11:30 AM, all the accused persons including these petitioners came and started abusing the informant and on protest, petitioner no. 1 & 3 assaulted with sword on the head of informant and thereafter, petitioner no. 2 & 3 assaulted him (informant) by means of iron rod.

Patna High Court CR. MISC. No.75035 of 2023(2) dt.29-11-2023 2/2

4. It is submitted on behalf of petitioners that both parties are pattidars and due to land dispute, they have been falsely implicated in this case. F.I.R. has been lodged after a delay of nine days, which itself creates doubt on the veracity of the prosecution case. There is case and counter case between the parties. Petitioners have got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 36 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