Vijay Prasad @ Munshi Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7570 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.
VIJAY PRASAD @ MUNSHI JEE S/o Chand Govind Sah R/o VillageAmnour Harnarayan, P.S.- Amnour, Distt- Saran at Chapra 2.
Mithilesh Kumar S/o Vijay Prasad @ Munshi Jee R/o Village- Amnour Harnarayan, P.S.- Amnour, Distt- Saran at Chapra 3.
Vishwajeet Kumar S/o Vijay Prasad @ Munshi Jee R/o Village- Amnour Harnarayan, P.S.- Amnour, Distt- Saran at Chapra ... ... Petitioners.
Versus
1.
The State of Bihar.
2.
Munna Kumar Jaiswal @ Munna Jaiswal S/o Parmatma Prasad R/o VillageAmnour Harnarayan, P.S.- Amnour, Distt- Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewendra Narayan Singh For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State. In spite of valid service of notice, none is present on behalf of opposite party no.2.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 379, 384, 504 and 34 of the Indian Penal Code.
3. The petitioners are said to have assaulted the complainant and his sons and they also committed the other offences in the manner, as mentioned in the complaint petition.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.7570 of 2023(3) dt.28-07-2023 2/3 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. As a matter of fact, the present false and frivolous case has been lodged against the petitioners in order to save skin from Amnour P.S. Case No.43 of 2022 lodged by petitioner no.3. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that complainant himself committed the occurrence of assault and snatching the collection amount with the petitioner no.3 Vishwajeet Kumar. The injury sustained by the victim is simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.439 of 2022,
Patna High Court CR. MISC. No.7570 of 2023(3) dt.28-07-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T