Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1780 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- PIRO District- Bhojpur ====================================================== VISHAL KUMAR, SON OF LALAN SINGH ALIAS SAMHUT SINGH RESIDENT OF VILLAGE- LAHRABAD, P.S.- PIRO, DISTRICTBHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-10-2021 Heard Mr. Ataul Haque, learned advocate for the petitioner and Ms. Renu Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Piro P. S. Case No. 34 of 2020, dated 31.01.2020, instituted for the offences under Sections 147, 149, 341, 323, 504 and 307 of the Indian Penal Code.

The informant has alleged that because he did not agree to play vulgar songs as demanded by the Barat Party, his grandsons were assaulted by the

Patna High Court CR. MISC. No.1780 of 2021(4) dt.05-10-2021 2/3 petitioner and five others.

The learned advocate for the petitioner has submitted that the informant is not an eye-witness to the occurrence and till date, the statements of the grandsons of the informant have not been recorded. One person appears to have been injured in the occurrence.

The nature of the injuries received by him could not be assessed for want of certain investigation. The CT scan of the brain of the victim however did not show any aberration. But no report could be given about the nature of injury as the X-ray of the scull was not received by the Doctor.

The learned advocate for the petitioner has submitted that merely because the petitioner happens to be a resident of Lahrabad, he has been made accused in this case on suspicion.

Six persons are said to have assaulted two grandsons of the informant but the injuries on one of the

Patna High Court CR. MISC. No.1780 of 2021(4) dt.05-10-2021 3/3 grandsons do appear to be in consonance with the accusation.

Considering this aspect of the matter, this Court had called for the case-diary and had granted provisional bail to the petitioner vide order dated 13.07.2021.

There is nothing on record to indicate conclusively that the petitioner had participated in the assault or was the author of the injuries suffered by one of the grandsons of the informant.

Regard being had to the afore-stated facts, the provisional bail granted to the petitioner is, hereby, confirmed.

The petitioner shall remain on the same bailbonds. The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T