Vijay Tiwari @ Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13959 of 2024 Arising Out of PS. Case No.-383 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== VIJAY TIWARI @ VIJAY KUMAR S/O RAMBHAROSH TIWARY R/O VILLAGE- RAM KARAN PAKARI, WARD NO. 5, P.S- CHAKIYA, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar, Advocate.
For the Opposite Party/s :
Mr.Dashrath Mehta, APP.
For the Informant :
Mr. Rahul Singh, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-03-2024 Heard Mr. Priyesh Kumar, learned counsel appearing on behalf of the petitioner; Mr. Dashrath Mehta, learned APP for the State and Mr. Rahul Singh, learned counsel for the informant.
2. The petitioner seeks pre-arrest bail in connection with Chakia P.S. Case No. 383 of 2023 registered for the offence punishable under Sections 341, 324, 307, 379 and 504 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., the petitioner tried to kill the informant by giving knife blow on the head of the informant who managed to save himself by holding the knife sustaining grievous injury in his hand.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.13959 of 2024(2) dt.12-03-2024 2/2 petitioner submitted that the allegation made in the F.I.R. is not sustainable. Injury sustained by the informant is on his hand and not on the vital part of the body. The parties are agnates and due to previous enmity between them, a false case has been lodged by the informant.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Chakiya P.S. Case No. 383 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T