Vijay Sah @ Bijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45863 of 2024 Arising Out of PS. Case No.-173 Year-2021 Thana- SIDHWALIYA District- Gopalganj ====================================================== Vijay Sah @ Bijay Kumar Son of Kitabi Sah @ Sitabi Sah R/O of VillageSher, Bakhraur, P.S.-Sidhwalia, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 307, 379, 504, 506/34 of the IPC.

3.

Allegedly, the petitioner gave iron rod blow upon the head of the husband of informant with an intention to kill him due to which his head exploded and he became unconscious. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. For the alleged occurrence, there

Patna High Court CR. MISC. No.45863 of 2024(2) dt.24-07-2024 2/2 is case and counter-case between the parties. Both sides have sustained injuries and the injury of the injured was found simple in nature. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sidhwalia P.S. Case No.173 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T