Vipin Kumar @ Vipin Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3498 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- KARANDAY District- Sheikhpura ====================================================== VIPIN KUMAR @ VIPIN KUMAR YADAV S/O Bheem Yadav R/V- Siyani, P.S.- Karendey, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vipin Kumar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Karandey P.S. Case No. 20 of 2022, dated 23.04.2022 registered for the offences punishable under Sections 147, 341, 323, 448, 354, 354(A), 307, 379, 504, 506 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner along with four accused persons filed Cr. Misc. No.44188 of 2022 for the relief of anticipatory bail but petitioner's prayer was rejected and the prayer of three co-accused persons was allowed by a co-ordinate Bench of this Court and as per the FIR specific allegation against the petitioner and co-accused Sahdeo is of assaulting the informant

Patna High Court CR. MISC. No.3498 of 2023(2) dt.02-05-2023 2/3 by means of lathi and Iron Rod and the copy of the injury report of the informant has been filed as Annexure-3 which shows that most of the injuries of the informant have been found in the nature of Pain, Abrasion and Swelling, in fact a free fight took place in between both the parties on account of construction of toilet over a disputed land in which some persons from petitioner's side also sustained injuries. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 22.10.2022 and several persons have been named in the FIR and against the petitioner investigation has been completed.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the facts that as per above submissions there is case and counter case in between both the parties and some persons of the petitioner's side also sustained injury and the petitioner has fair and clean antecedent and against him the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 the

Patna High Court CR. MISC. No.3498 of 2023(2) dt.02-05-2023 3/3 concerned Court in connection with Karandey P.S. Case No. 20 of 2022.

(Shailendra Singh, J.) maynaz/- U T