Vijay Prasad @ Vijay Yadav Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32342 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- PARSABAZAR District- Patna ====================================================== 1.
Vijay Prasad @ Vijay Yadav Prasad Son of Late Yadu Rai 2.
Deepu Kumar Son of Vijay Prasad @ Vijay Yadav Prasad 3.
Pappu Prasad Son of Vijay Prasad @ Vijay Yadav Prasad 4.
Raj Kumar Son of Vijay Prasad @ Vijay Yadav Prasad all Residents of Village- Khaprail Chak, P.S.- Parsa Bazar, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar, Adv.
For the Opposite Party/s :
Mr. Anant Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State through the virtual court proceeding.
Learned counsel for the petitioners 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 petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354, 307, 337, 504 and 34 of the Indian Penal Code. Petitioners are said to have assaulted the informant and his family members with intention to kill them by means of danda and stone.
Patna High Court CR. MISC. No.32342 of 2021(2) dt.25-01-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that doctor has examined the injured Shobha Kumari and found the injury is simple in nature caused by hard and blunt substance, therefore, Section 307 IPC is not made out against the petitioners. He submits that during investigation, no witnesses have supported the prosecution story except interested witnesses. He further submits that petitioners has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposed the prayer for bail.
Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties, the above named petitioners in the event of their 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) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.32342 of 2021(2) dt.25-01-2022 3/3 learned court below where the case is pending/successor court in connection with Parsa Bazar P.S. Case No. 90 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T