Vijay Passi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33489 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Vijay Passi S/o Nand Kishore Pasi Resident of village- Kateya, Ward No 7, P.S.- Kateya, Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kateya P.S. Case No. 76 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 351(2) and 3(5) of the BNS..
3. As per the prosecution story, the informant - Amarvati Devi has alleged that on 15.02.2025, when she was working at her home, meanwhile all the F.I.R. named accused persons came there being armed with lathi, danda and iron rod for the purpose of dacoity. One Sanjay Passi and Vijay Passi (petitioner) assaulted on her head by means of iron rod due to which she sustained injury on her head, when her children came
Patna High Court CR. MISC. No.33489 of 2025(2) dt.27-05-2025 2/3 there for her rescue, Sanjay Passi assaulted them by means of iron rod due to which their neck bone got fractured. It is further alleged that petitioner has snatched Rs. 5,000/- from her house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegations made in the F.I.R. are fabricated and are categorically denied. All the allegations made against the petitioner are general and omnibus. The present case has arisen from a dispute over land ownership, which is inherently civil in nature. The allegations made in the F.I.R. are exaggerated and do not establish any prima facie case of grievous offence. After completion of investigation chargesheet has been submitted against the petitioner by the police. Petitioner is man of clean antecedent and he is in custody since 17.02.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Principal and Sessions Judge, Gopalganj in connection with Kateya P.S. Case
Patna High Court CR. MISC. No.33489 of 2025(2) dt.27-05-2025 3/3 No. 76 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Prabhakar/- U T