Vicky Kumar @ Bikku @ Vicku Kumar @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83226 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- BARHAT District- Jamui ====================================================== VICKY KUMAR @ BIKKU @ VICKU KUMAR @ VIKAS KUMAR, S/O UPENDRA RAO, RESIDENT OF VILLAGE- TENGHARA, P.S. BARHAT, DISTRICT- JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Advocate Mr. Roop Kishan, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Barhat P.S. Case no. 181 of 2023, registered under sections 307, 354B, 341, 323, 147, 379, 427, 504, 506 and 448 of the Indian Penal Code.
3. As per the prosecution case, the informant states that the thirteen named accused persons came variously armed and started to assault the informant and the members of her family. On her grandson intervening, it is stated that Yogendra Rao assaulted with a farsa and Upendra Rao also assaulted. It is further stated that the petitioner who was armed with a pistol
Patna High Court CR. MISC. No.83226 of 2023(2) dt.10-01-2024 2/3 misbehaved with her daughter-in-law and went away giving threat that in case the matter was reported to the police, they would be killed.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is case and counter case between the parties, the correct version having been given in the FIR which has been brought on record as Annexure-2 to the petition. There is no specific allegation of assault so far as this petitioner is concerned and the allegation of his having misbehaved with the daughter-in-law of the informant is not substantiated from the F.I.R. Even otherwise the injuries have been found to be simple in nature. The petitioner is in custody since 21.9.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, there being case and counter case between the parties, the petitioner being in custody since 21.9.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Barhat P.S. Case no. 181 of 2023 on
Patna High Court CR. MISC. No.83226 of 2023(2) dt.10-01-2024 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Jamui. (Partha Sarthy, J) avinash/- U T