Vikash Kumar And Anr vs State Of Bihar

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.

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.

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 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.

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.

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.

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), 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.

The application stands disposed off in the aforementioned terms.