Vijay Chandrabanshi @ Vijay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38382 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- MALI District- Aurangabad ====================================================== Vijay Chandrabanshi @ Vijay Kumar Singh Son of Late Ramraj Singh Resident of Village - Sori, P.S.- Mali, District - Aurangabad, Bihar- 824102. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Apurv Harsh, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Mali P.S. Case No. 42 of 2022 registered for the offence under Sections 147, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 24.04.2022.
Patna High Court CR. MISC. No.38382 of 2022(2) dt.23-09-2022 2/3 The allegation against the petitioner is to assault family members of the informant, causing bodily injury, having intention to cause death, alongwith other co-accused persons, equipped with lathi, rod, sword etc.
Learned counsel appearing on behalf of the petitioner submitted that the occurrence is based upon community clash, where first case was lodged by the petitioner, which was registered as Mali P.S. Case No. 41 of 2022. It is further submitted that the allegation, as regard to assault, is very general and omnibus against this petitioner, where specific allegation of assault is against other co-accused person, as per F.I.R. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.
In view of the facts and circumstances, as mentioned above, as allegation, as regard to assault, is appearing very general and omnibus against this petitioner coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mali P.S. Case No. 42 of 2022 on furnishing bail bond of
Patna High Court CR. MISC. No.38382 of 2022(2) dt.23-09-2022 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Aurangabad/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Ankit/- U T