Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84596 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SAKRA District- Muzaffarpur ====================================================== Vikash Kumar S/o- Rajendra Rai Resident of village- Ram Nagar Ps- Sakra Dist-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Suman Kumari Singh Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Sakra P.S. Case No. 01 of 2024 dated 01.01.2024 registered for the offence/s punishable u/ss 341, 323, 325, 307, 379, 504, 506 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons along with 4-5 unknown miscreants are alleged to have surrounded the informant and in the meantime, the petitioner fired in the air and thereafter, all the accused persons started assaulting him with iron rod causing injury on his head, chest and his both legs were got fractured. It is further
Patna High Court CR. MISC. No.84596 of 2024(2) dt.27-02-2025 2/3 alleged that the petitioner snatched mobile phone and cash of Rs. 17000/- from the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 23.12.2023 but the FIR was lodged on 01.01.2024 and there is no explanation for this delay. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five other criminal antecedents as stated in para 3 of the bail petition. The co-accused has been granted regular bail by this Court vide order dated 16.04.2024 passed in Cr. Misc. No. 23394 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzaffarpur (East) in connection with Sakra P.S. Case No. 01 of 2024, subject to conditions as laid down under section 438(2) of
Patna High Court CR. MISC. No.84596 of 2024(2) dt.27-02-2025 3/3 the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled, with the condition:-
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T