Vikash Singh @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69844 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- BARHIYA District- Lakhisarai ====================================================== Vikash Singh @ Vikash Kumar, S/o Ramakant Singh, Resident of VillageGarh Laxmipur, P.S. Barhiya, District-Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Raju For the Opposite Party/s :
Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 385, 386, 504, 506, 307/34 of the Indian Penal Code and 27 of the Arms Act. The allegation against the accused persons is of firing, damaging the vehicle and of demanding ransom by giving threatening in commercial work.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case due to previous enmity. Earlier father of the petitioner had lodged a complaint against the informant who happens to be a PDS
Patna High Court Cr.Misc. No.69844 of 2018(2) dt.30-11-2018 2/2 dealer and hence, the present prosecution has been brought against the petitioner and his family members. None is said to have been injured in course of the occurrence. Hence, no offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barhiya P.S. Case No. 139 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T