Vikash Kumar vs The State Of Bihar
2021 Latest Caselaw 986 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.28135 of 2020
           Arising Out of PS. Case No.-309 Year-2018 Thana- WAJIRGANJ District- Gaya
     ======================================================

1. Vikash Kumar (Male), aged about 19 years, S/o Surendra Yadav @ Lala Yadav.

2. Meena Devi (Female), aged about 39 years, W/o Surendra Yadav @ Lala Yadav

Both resident of Village-Sakardas Nawada, P.S.-Wazirganj, District-Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the State : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 19-02-2021

Heard Mr. Sanjay Kumar Sharma, learned counsel for

the petitioners and Mr. Anand Mohan Prasad Mehta, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The petitioners apprehend arrest in connection with

Wazirganj PS Case No. 309 of 2018 dated 30.09.2018 (G.R. No.

6687 of 2018), instituted under Sections 341/ 323/ 448/ 325/

307/ 337/ 504/ 506/ 34 of the Indian Penal Code.

3. The allegation against the petitioners and others is

general and omnibus of assault on the informant and her other

family members and specific against petitioner no. 1 of having Patna High Court CR. MISC. No.28135 of 2020 dt.19-02-2021

pushed the informant on the ground and against petitioner no. 2

is that she inflicted blow by iron khanti on the face resulting in

cut and bleeding.

4. Learned counsel for the petitioners submitted that

the parties are agnates and even as per the FIR the dispute was

with regard to plucking of chillies. Learned counsel submitted

that the injury report does not support the allegation made in the

FIR as only swellings have been found on the knee, neck and

palm and lacerated wound on the face. Learned counsel

submitted that the petitioners have no criminal antecedent.

5. Learned APP, on the basis of injury report received

from the Senior Superintendent of Police, Gaya, does not

dispute that there is swelling near the neck, knee and palm and

lacerated wound just below the eyebrow.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Additional Chief Judicial Magistrate-I, Gaya in

Wazirganj PS Case No. 309 of 2018 (G.R. No. 6687 of 2018), Patna High Court CR. MISC. No.28135 of 2020 dt.19-02-2021

subject to the conditions laid down in Section 438(2) of the

Code of Criminal Procedure, 1973 and further (i) that one of the

bailors shall be a close relative of the petitioners, (ii) that the

petitioners and the bailors shall execute bond with regard to

good behaviour of the petitioners, and (iii) that the petitioners

shall cooperate with the Court and the police/prosecution. Any

violation of the terms and conditions of the bonds or non-

cooperation would lead to cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T