Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.754 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- ANTI District- Gaya ====================================================== Vikash Kumar, Son of College Yadav, Resident of Village- Chabura, Tola Narayanpur, P.S. Anti, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Anti P.S. Case No.43 of 2023 lodged on 19.05.2023 under Section 149, 323, 341, 342, 448, 307, 354, 354B and 379 of the Indian Penal Code.
3. As per the prosecution case, a total of eight persons have been made accused in this case including the present petitioner with an allegation that all the accused persons entered into the house of the informant and, thereafter, different persons have assaulted the different persons. Specific allegation against the petitioner is to assault the daughter-in-law of the informant,
Patna High Court CR. MISC. No.754 of 2024(2) dt.18-01-2024 2/3 namely, Baijanti Devi.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. In fact, the allegation is omnibus and general. He further submits that due to the alleged assault made by the petitioner, the injury caused to Baijanti Devi is simple in nature, which is apparent from Annexure-P3 series (Page -22 of the petition). He further submits that both the informant and the petitioner belong to the same village and they are well known to each other but due to political rivalry, the dispute took place between them. There are case and counter cases from both sides namely, Anti P.S. Case No. 43 of 2023 filed by the side of the informant and Anti P.S. Case No. 41 of 2023 filed by the side of the petitioner. The petitioner is in custody since 30.08.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.754 of 2024(2) dt.18-01-2024 3/3 Gaya, in connection with Anti P.S. Case No.43 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T