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Patna High CourtCR. MISC./8445/2025allowed

Vishal Kumar @ Vishal Raj v. The State Of Bihar

2025-02-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8445 of 2025 Arising Out of PS. Case No.-135 Year-2022 Thana- DIDARGANJ District- Patna ====================================================== Vishal Kumar @ Vishal Raj Son of Dhanesh Rai @ Dhanesh Kumar Resident of Village- Mallikapur, P.S.- Rustampur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachina, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

Mr. Suresh Singh, Adv.

Mr. Arvind Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 341, 323, 325, 308, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, when the informant was engaged in irrigation work, his villagers along with this petitioner armed with deadly weapons came there and started abusing. They also assaulted the informant by means of deadly weapons. On hearing alarm raised by the informant, when his family members came there to save him, they were also assaulted brutally.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No

Patna High Court CR. MISC. No.8445 of 2025(2) dt.28-02-2025 2/2 such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. During the course of investigation, no witness has supported the allegation levelled against him. Learned counsel further submits that petitioner has no criminal antecedent and he has been languishing in custody since 19.11.2024.

5. Learned APP for the State as well as learned counsel for the informant vehemently opposes the prayer for bail and submits that there is direct allegation against the petitioner of assaulting the son of the informant and the injury was found grievous in nature.

6. Considering the arguments of the parties as well as the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Didarganj P.S. Case No.135 of 2022.

(Anjani Kumar Sharan, J) divyanshi/- U T