Vikash Yadav @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84629 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Vikash Yadav @ Vikash Kumar SON OF SURESH YADAV RESIDENT OF VILLAGE- INDARPUR WARD NO. 08, PS- RANIGANJ, DISTT- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Rana For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 273 of 2023 registered for the offence punishable under Sections-341, 323, 324, 307, 354B, 379, 504, 506/34 of the Indian Penal Code.
3. Prosecution case in short is that while the informant along with his wife was going to his house after watching her field, in the way, the accused persons restrained them and threatened how they dare to register a case against them and in consequence thereof, the accused persons assaulted the informant as a result of which, the informant sustained injury. The ornaments of the informant is alleged to have been snatched
Patna High Court CR. MISC. No.84629 of 2023(3) dt.07-03-2024 2/3 away and the accused persons tried to outrage her modesty. The firing is also said to have been made during course of occurrence.
4. It has been submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in the present case and so far as the case mentioned in paragraph-3 of the bail petition is concerned, the same has also been lodged by the prosecution side and in that case, the petitioner is on bail. Learned counsel for the petitioner has further submitted that the allegation of assault with Dabiya on the head of the informant's husband is upon the co-accused, Suresh Yadav and the only allegation against the petitioner is that he assaulted him with butt of the pistol.
5. On the otherhand, Mr. J. N. Thakur, learned APP appearing for the State has opposed the prayer for grant of anticipatory bail.
6. Considering the above-mentioned facts and circumstances of the case, let the petitioner named above, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate,
Patna High Court CR. MISC. No.84629 of 2023(3) dt.07-03-2024 3/3 Araria in connection with Raniganj P.S. Case No. 273 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C.
7. The petitioner is directed to appear physically on each and every date fixed by the trial court and if, he fails to do so on three consecutive dates without any plausible reason, the court below shall be at liberty to pass order in accordance with law.
8. After accepting the bail bond of the petitioner, the court below shall verify the criminal antecedent of the petitioner and he is found involved in any other case, his bail shall liable to be cancelled.
(Nawneet Kumar Pandey, J) A.K.V.//- U T