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Patna High CourtCR. MISC./36190/2024bail granted

Vishal Bin @ Vishal Bind @ Vishal Vind v. The State Of Bihar

2024-07-26Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36190 of 2024 Arising Out of PS. Case No.-1002 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Vishal Bin @ Vishal Bind @ Vishal Vind Son Of Munna Mistri Bind Resident Of Village / Mohalla - Bind Toli, P.S. - Ara Town (ara Nagar), District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ara Nagar P.S. Case No. 1002 of 2023, lodged on 11.12.2023 under Sections 307, 326, 34 of the IPC & section 27 of Arms Act.

3. As per the prosecution case, FIR has been lodged against three named accused persons including the present petitioner. The allegation against the present petitioner is that he has fired on the chest of the informant's son due to which he sustained injury and thereafter, admitted to the hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is the son in law of the informant and he has falsely been implicated in this case. Counsel further submits that the criminal antecedent of the petitioner is not clean

Patna High Court CR. MISC. No.36190 of 2024(3) dt.26-07-2024 2/2 and there is one criminal case pending against him. The petitioner is in custody since 04.03.2024 in the present case. Counsel submits that charge-sheet has been submitted under section 307 of the IPC only.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is allegation of section 307 of the IPC against the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 1002 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending case against the petitioner is:- (I)- Ara Nagar P.S. Case No. 238 of 2018.

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