Vijay Kumar Pandey @ Vijay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30716 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Vijay Kumar Pandey @ Vijay Pandey son of Brij Kishor Pandey, Resident of Village - Purushottampur, P.S. - Chainpur, District - Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody in connection with Chainpur P.S. Case No. 54 of 2016 for the offences instituted under Sections 341, 323, 324, 307 and 504 of the Indian Penal Code.

The allegation against the petitioner is of assaulting in the abdomen of the brother of the informant by knife and when the informant came to save his brother, he was also assaulted by knife in his back side.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.30716 of 2016 (4) dt.14-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to village politics. The alleged occurrence is said to have taken place on sudden provocation. No motive has been stated in the First Information Report.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R. He is alleged to have given a knife blow in the stomach of the victim and one more knife blow upon the informant.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Chainpur P.S. Case No. 54 of 2016, pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua. (Sudhir Singh, J.) Amit/- U T