Bijay Singh @ Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18028 of 2025 Arising Out of PS. Case No.-338 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Bijay Singh @ Vijay Singh S/O Beni Singh Resident Of Village-Mahuli, P.S.- Didarganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad,Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Didarganj P.S. Case No. 338 of 2024, registered for the offences under Sections 126(2), 115(2), 109, 352, 351(3), 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, the father of the informant was irrigating his field and he intervened in the altercation which had been taking place between the father of the petitioner and one Ajay Singh who were quarreling over seepage of water in their land. The petitioner and other coaccused persons, variously armed, assaulted the father of the informant causing a swelling of his head. They also assaulted him with lathi causing injury to the right hand. The petitioner is

Patna High Court CR. MISC. No.18028 of 2025(2) dt.16-04-2025 2/3 stated to have hit on the head of the father of the informant causing its swelling. The assailants flee away from the spot opening fire in air.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The FIR has been lodged after a delay of four days for which there is no explanation. There is land dispute between the parties and the present case has been lodged in this background. There is no eye witness to the alleged occurrence and the petitioner is in custody since 19.11.2024 and charge sheet has been submitted. The petitioner is having antecedent of two cases but he is on bail in both the cases.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Patna City/concerned court, in

Patna High Court CR. MISC. No.18028 of 2025(2) dt.16-04-2025 3/3 connection with Didarganj P.S. Case No. 338 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T