Abhishek Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82520 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- GADHPURA District- Begusarai ====================================================== ABHISHEK KUMAR @ VIVEK KUMAR S/O LAL BABU SHANI VILLAGE- SUJANPUR, PS. GODHPURA, DIST. BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354(A), 307, 379, 504, 506, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have abused and assaulted the informant's side brutally with deadly weapons.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Both the parties are agnates. There is admitted land dispute between co-accused Yogendra

Patna High Court CR. MISC. No.82520 of 2023(2) dt.05-01-2024 2/2 Sahni @ Jogindra Sahni and cousin of the informant. The injuries sustained by the injured are simple in nature, as mentioned in Annexure 2. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the injuries sustained by the injured are simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Gadhpura P.S. Case No. 47 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T