Vidha Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60236 of 2024 Arising Out of PS. Case No.-879 Year-2023 Thana- NAGAR District- Vaishali ====================================================== VIDHA RAY S/O KAPIL RAY R/O VILLAGE - JADHUA, P.S- HAJIPUR, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 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 147, 149, 341, 323, 339, 354, 504, 506 and 447 of the IPC.

3.

Allegation against the petitioner is of assaulting the son of informant by means of sharp cutting weapon.

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. Earlier, Hajipur Town P.S. Case No.863 of 2023 was lodged by the petitioner's side against the

Patna High Court CR. MISC. No.60236 of 2024(2) dt.21-08-2024 2/2 informant, thereafter, the present case has been lodged by the informant. It is further submitted that there is an inordinate delay of 10 days in filing the F.I.R., without giving any explanation, which itself creates doubt about the prosecution case. Petitioner has no criminal antecedent and similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 24.07.2024 passed in Cr. Misc. No.45829 of 2024.

5.

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

Having regard to the facts and circumstances of the case and considering the delay in lodging the F.I.R., 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 Hajipur Town P.S. Case No.879 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T