Vijay Kumar @ Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19904 of 2021 Arising Out of PS. Case No.-432 Year-2020 Thana- SUPAUL District- Supaul ====================================================== VIJAY KUMAR @ VIJAY YADAV Son of Bechan Yadav Resident of Village- Kataiya, Ward No. -12, P.S. and District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr. Dilip Kr. No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 307, 324, 341 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he fired upon the son of the informant which caused injury below the knee and thereafter fled away.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19904 of 2021(2) dt.20-07-2021 2/2 petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 10.10.2020.

However, learned APP for the State opposes the prayer for bail submitting that there is direct allegation against the petitioner of firing upon the son of the informant. Considering the facts and circumstances of the case and the fact that there is direct allegation against the petitioner, let the petitioner, above named, be released on bail after completion of one year in custody on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Supaul (Laukha) P.S. Case No. 432 of 2020, G.R. No. 1158 of 2020.

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