Vijay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21915 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Vijay Das S/o Baldeo Das R/o vill - Sonbarsa, ward no .14, P.S. - Sonbarsa, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Virendra Kumar, Advocate For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonbarsa P.S. Case No. 376 of 2023 instituted for the offence under Sections 341, 323, 448 of the Indian Penal Code and Sections 25(1-B)A & 26 of the Arms Act.

3.

As per the prosecution case, petitioner was trying to take possession of the land of the informant and on objection, he tried to fired upon the informant but the gun was snatched and was handed over to the police party.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-12-2023. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.21915 of 2024(2) dt.01-04-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case due to land dispute and his previous criminal antecedent. Parties are agnates. It is submitted that petitioner was not arrested from the place of occurrence rather he was called upon by the informant and later on implicated on extraneous considerations. It is lastly submitted that charge sheet is already submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonbarsa P.S. Case No. 376 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T