Vijay Sah @ Vijay Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32581 of 2019 Arising Out of PS. Case No.-261 Year-2017 Thana- BIRAUL District- Darbhanga ====================================================== VIJAY SAH @ VIJAY PRASAD SAH Son of Ram Narayan Sah Resident of Village - Saho, P.S.- Biroul, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Biroul P.S. Case No. 261/2017, instituted for offences under Section(s) 341, 323, 324, 307, 379, 427, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is case and counter case between the parties. Counter case has been filed by father of petitioner against the informant and others bearing Biraul P.S. Case No. 256/2017. There is land dispute between the parties.

It is alleged in the written report that on the date of occurrence this petitioner gave Farsa blow on the head of informant while he was constructing his wall. It is further alleged that co-accused Ajay Sah assaulted the informant with

Patna High Court CR. MISC. No.32581 of 2019(2) dt.16-05-2019 2/2 rod on his head, but the same hit on the waist of informant. Injury report of informant is annexed as Annexure-2, which shows that informant has sustained 4x1cm. lacerated wound over right parietal region caused by hard and blunt substance.

Petitioner is alleged to have given Farsa blow on the head of informant.

Learned counsel for informant has opposed the prayer for bail of petitioner.

Petitioner is in custody since 26.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biroul, Darbhanga, in connection with Biroul P.S. Case No. 261/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T