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Patna High CourtCR. MISC./38549/2022allowed

Vijay Mishra @ Vijay Kumar Mishara @ Vijay Kumar Mishra v. The State Of Bihar

2022-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38549 of 2022 Arising Out of PS. Case No.-85 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Vijay Mishra @ Vijay Kumar Mishara @ Vijay Kumar Mishra Son Of Late Krishna Mishra Resident Of Semra, Bargo, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey Mr. Pushkar Narain Shahi, Sr. Advocate Mr. Raghvendra Kumar, Advocate Ms. Deeksha Singh, Advocate For the Informant :

Vikash Kumar Shukla, Advocate For the State :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code. The prosecution case in nutshell is that petitioner and other co-accused persons assaulted the informant due to dispute during election. It is specifically alleged against the petitioner that he assaulted with farsa on the head of the informant, as a result of which, the informant sustained head injuries.

Patna High Court CR. MISC. No.38549 of 2022(2) dt.01-12-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that due to previous enmity and land dispute between the parties, the present case has been registered with concocted allegations. The injury report is not in consonance with the fact of the prosecution.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 85 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T