Vijay Kumar Rai @ Vijay Kumar Ray @ Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41609 of 2023 Arising Out of PS. Case No.-247 Year-2021 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Vijay Kumar Rai @ Vijay Kumar Ray @ Vijay Ray S/O Sanjay Kumar Ray R/O Vill. Telarh, Ps. Agiaon Bazar, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, informant and learned A.P.P for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 448, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for grant of anticipatory bail of the petitioner was withdrawn vide order dated 08.12.2022 passed in Cr. Misc. No. 22144 of 2022.

2/4 The prosecution case as per F.I.R is that while the son of the informant was returning from his coaching classes, on way, the petitioner and his elder brother namely Prince Kumar surrounded him and started assaulting him and when daughter of the informant went to make complaint, she was also assaulted. Thereafter, all the F.I.R named accused persons surrounded the house of the informant and assaulted the informant and other family members and took away Mangal Sutra from the neck of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and in the background of some petty dispute, the present accusation has been levelled when petitioner's side also sustained injuries. The petitioner is student and keeping the petitioner in incarceration will hamper the future career of the petitioner. Moreover, similarly situated co-

3/4 accused Prince Kumar has been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 01.06.2023 passed in Cr. Misc. No. 29224 of 2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P for the State have vehemently opposed the prayer for bail of the petitioner and submitted that earlier the prayer for grant of anticipatory bail was withdrawn and the petitioner has again come before this Court for grant of anticipatory bail.

Considering the facts aforesaid, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before learned Court below within a period of four week from today and on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 8th, Bhojpur at Ara in connection with Agiaon

4/4 Bazar P.S. Case No. 247 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T