Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39632 of 2023 Arising Out of PS. Case No.-28 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== Vijay Kumar Son Of Chandradev Ram Resident Of Village Dewaria Kala Tola Tatvirganj P.S Fesar District Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 147, 148, 149, 427, 302, 307, 506 and 504 of the Indian Penal Code. It is a case of assaulting to the father of the informant by accused Chandra Ram, Hiralal Ram, Upendra Rai, Harkudra Ram by means of iron rod on his head and other parts of body. It is further alleged that accused Jitendra Ram dragged him from his house and assaulted him with sword.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegations have been levelled against the petitioner. Only on the basis of suspicion, the name of the
Patna High Court CR. MISC. No.39632 of 2023(3) dt.25-08-2023 2/2 petitioner dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 28.2.2022 passed in Cr. Misc. No. 49461 of 2021. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 2.5.2023.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Fesar P.S. Case No. 28 of 2021. (Sunil Kumar Panwar, J) sushma/- U