Patna High CourtCR. MISC./30491/2025bail granted

Vijay Singh @ Vijay Kumar v. The State Of Bihar

2025-05-15Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30491 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- DAWATH District- Rohtas ====================================================== Vijay Singh @ Vijay Kumar S/O Lorik Singh Village- Yogini, PS- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kirshna Nishant, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Dawath P.S. Case No. 19 of 2025, dated 19.01.2025, lodged under Sections 190, 191(2), 126(2), 115(2), 127(2), 109, 118(1), 303(2), 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against eight named accused persons including the present petitioner. The allegation as per the FIR is that all accused persons persons is in connivance with each other, reached at the house of the informant and abuses to them. Specific allegation against the petitioner is that he has assaulted the Bhaisur of the informant on his head, due to which, head injury has been caused.

Patna High Court CR. MISC. No.30491 of 2025(2) dt.15-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that admittedly the petitioner and informant are the agnates and land dispute were going on between the land. Counsel submits that occurrence took place on 18.01.2025 and in the said occurrence, the informant's side has brutally assaulted the petitioner's side and for which the petitioner's side has lodged an FIR for the said occurrence bearing Dawath P.S. Case No. 18 of 2025 on 18.01.2025. Counsel further submits that when the informant's side received information that an FIR has been lodged against them, then for the same event, the informant has filed FIR on the very next day i.e., 19.01.2025 with a view to create pressure on the petitioner side. Counsel submits that antecedent of the petitioner is clean and as earlier FIR has been filed in which he was acquitted.

5. Learned APP for the State opposes the prayer for bail of the petitioner and fairly submits that the case filed by the informant side is of 19.01.2025 whereas case filed by the petitioner side is of 18.01.2025.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the

Patna High Court CR. MISC. No.30491 of 2025(2) dt.15-05-2025 3/3 Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj in connection with Dawath P.S. Case No. 19 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Sudhanshu/- U T