Vijendra Rai @ Vijendra Kumar Rai @ Vijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15702 of 2020 Arising Out of PS. Case No.-87 Year-2019 Thana- DIGHA District- Patna ====================================================== VIJENDRA RAI @ VIJENDRA KUMAR RAI @ VIJENDRA KUMAR, aged about 39 years, Gender-M, S/o Late Ramji Rai, R/o village- Nakta Diara, P.S.- Digha, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 504, 379, 307 and 385/34 of the I.P.C.

The prosecution story, in brief, is that the petitioner and others assaulted the informant's nephew Chandan Kumar and his Munsi with Iron rod due to which, they sustained fracture injury at their hands.

Patna High Court CR. MISC. No.15702 of 2020(2) dt.13-07-2020 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From perusal of the order of the learned Sessions Judge, Patna, it appears that there is no injury report available on the record to support the allegation made in the F.I.R. In absence of the injury report, Section 307 of the IPC is not made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned S.D.J.M. Patna, in connection with Digha P.S. Case No. 87 of 2019, G.R. No. 1119 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.15702 of 2020(2) dt.13-07-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T