Bijay Kumar Das @ Vijay Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51817 of 2021 Arising Out of PS. Case No.-46 Year-2021 Thana- BARSOI District- Katihar ====================================================== BIJAY KUMAR DAS @ VIJAY KUMAR DAS S/O LATE DEVENDRA NATH DAS R/o village- Choundi, P.S.- Barsoi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barsoi P.S. Case no. 46 of 2021 instituted for the offence under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, over a land dispute, petitioner along with other co-accused persons assaulted the informant with bamboo stick. It is further alleged that petitioner assaulted the informant with sword on her head and other coaccused by bamboo resulting into her hand fracture. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.51817 of 2021(2) dt.06-04-2022 2/2 implicated in this case. Allegation in the FIR is that the petitioner assaulted the informant by sword on his head but the Injury report shows that there is laceration over temporal parietal region, which is contradictory. Both parties are agnates and there is admitted land dispute between the parties. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Barsoi P.S. Case no. 46 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Katihar subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U