Vijay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30562 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- HILSA District- Nalanda ====================================================== VIJAY PRASAD Son of Late Bijendra Prasad Resident of Village - Haidarpur, Police Station - Hilsa, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Hilsa P.S. Case no. 1 of 2020 registered for the offence under sections 307, 341, 323, 354A, 379 and 34 of the Indian Penal Code.

As per allegation in the first information report, petitioner is said to have assaulted the informant with an iron rod causing injury to him.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the first information report are false and incorrect. There is case and counter case between the parties. The accused in the counter case have been granted anticipatory bail, details of which have been given in the

Patna High Court CR. MISC. No.30562 of 2020(4) dt.09-03-2021 2/2 supplementary affidavit filed on behalf of the petitioner and the injuries on the informant, attributed to the petitioner, have been found to be simple in nature. The petitioner has no criminal antecedent.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the nature of the injuries, case and counter case between the parties and grant of anticipatory bail to the accused in the counter case, the Court is inclined to enlarge the petitioner on anticipatory bail.

The petitioner above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Hilsa P.S. Case no. 1 of 2020 is directed to be enlarged on bail on furnishing bail bond of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Hilsa, Nalanda subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. (Partha Sarthy, J) Spd/- U T