Vijay Mali @ Vijay Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11882 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- NOKHA District- Rohtas ====================================================== VIJAY MALI @ VIJAY BHAGAT Son of Late Awadhesh Mali Resident of Village - Baraon, P.S.- Nokha, Distt.- Rohtas. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rameshwar Singh, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP For the Informant :
Mr Sanjeev Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code and section 27 of the Arms Act.
As per allegations in the FIR, the twelve named accused persons including the petitioner herein came variously armed and assaulted the father of the informant as also others. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No overt act has been alleged against him. The allegations are general and omnibus in nature. The petitioner is in custody since
Patna High Court CR. MISC. No.11882 of 2021(3) dt.02-09-2021 2/2 15.9.2020 and has no criminal antecedent.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation against him that he too participated in the occurrence.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the nature of allegation against the petitioner together with petitioner having remained in custody for over 11 months, the petitioner is directed to be enlarged on bail in connection with Nokha P.S. Case no.46 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram at Rohtas.
(Partha Sarthy, J) Spd/- U T