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Patna High CourtCR. MISC./11234/2022allowed

Vijay Kumar v. The State Of Bihar

2022-09-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11234 of 2022 Arising Out of PS. Case No.-182 Year-2021 Thana- FATEHPUR District- Gaya ====================================================== Vijay Kumar Son Of Rameshwar Prasad @ Rameshwar Yadav Resident Of Village - Manjhauli, P.S.- Phatehpur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 337, 338, 308, 506/34 of the Indian Penal Code.

While the informant was near the Golu cloth shop, the petitioner through motorcycle dashed him. On objection, petitioner blow brick on his head as a result of which he received injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner

Patna High Court CR. MISC. No.11234 of 2022(3) dt.05-09-2022 2/2 has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Vide order dated 03.08.2022, case diary and injury report was called for.

From perusal of the injury report and case diary, it appears that till date injury is reserved and no witnesses have supported the prosecution case.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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/successor court in connection with Fatehpur P.S. Case No. 182 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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