Vikes Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76408 of 2019 Arising Out of PS. Case No.-208 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== VIKES KUMAR @ VIVEK KUMAR Son of Chandradeo Prasad Yadav @ Chandradeo Prasad Resident of Village-Bankatwa, P.S-Jitna, District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 380, 447, 506, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case as lodged by the informant is that on 03.06.2017 when he was sitting at his door, in the meantime, petitioner along with co-accused holding weapons in their hands came and all of sudden with a view to commit murder, accused Prince Kumar gave knife blow on the chest of the informant repeatedly and when the informant tried to save himself he received injury on finger of his hand also. After sustaining

Patna High Court CR. MISC. No.76408 of 2019(2) dt.27-11-2019 2/3 injury the informant became unconscious and fell down. When the informant's son Robin Kumar came in rescue, accused Subodh Kumar assaulted him by knife, due to which he received injury on his back and hand. Rest accused persons assaulted them by fist and slaps. Accused persons entered in the house of the informant and committed theft of cash amount Rs. 50,000/- and snatched gold chain from the neck of the informant's son. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. It is submitted that there is counter case vide Ghorasahan (Lakhaura) P.S. Case No. 230 of 2019 lodged by co-accused Subodh Kumar against the informant and others. He submits that the petitioner has assaulted the informant and his son only by means of leg and slap. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail petition.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.76408 of 2019(2) dt.27-11-2019 3/3 learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Ghorasahan (Lakhaura) Police Station Case No. 208 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T