Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86434 of 2024 Arising Out of PS. Case No.-247 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Vishal Kumar S/o- Late Sudhir Kumar Singh @ Sudhir Singh VillageMangura Po- Siaruan Ps- Jagdishpur Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmatma Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 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 offence under Sections 341, 323, 379, 354, 427, 448, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner alongwith co-accused Jitendra Kumar attempted to tease the informant and on protest by informant, they assaulted her and when husband of informant went to the house of accused persons, he was also assaulted by them. It is further alleged that co-accused Jitendra Kumar Singh entered in the house of informant, damaged house-hold articles and took away cash of Rs. 1,30,000/-.

4. Learned counsel for the petitioner submits that as a matter of fact, she-goat of informant had strayed in the field of

Patna High Court CR. MISC. No.86434 of 2024(2) dt.31-01-2025 2/2 petitioner, upon which, accused persons scolded daughter of informant and taking advantage of the situation, two days after the alleged occurrence, this false case has been lodged. Rest of the allegation is ornamental. There is no injury report in support of the allegation made in the F.I.R. Similarly situated co-accused Jitendra Kumar Singh has already been granted anticipatory bail by this Court, vide order dated 18.07.2022 passed in Cr.Misc. No. 67962 of 2021. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 A.C.J.M. 1st, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 247 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T