Patna High CourtCR. MISC./9152/2021bail granted

Vivek Kumar Rai @ Vivek Kumar v. The State Of Bihar

2022-02-16Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9152 of 2021 Arising Out of PS. Case No.-279 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Vivek Kumar Rai @ Vivek Kumar, age 30 years (M), S/O Devendra Kumar Rai Resident of Village - Hakimabad, P. S. - Samastipur (M) , District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Adv.

For the Opposite Party/s :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner has filed an undertaking that all the defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner apprehends his arrest for the alleged offences under sections 307, 323, 324, 341, 354(B), 354, 379, 447, 504, 506/34 of the Indian Penal Code registered in connection with Samastipur (Muffasil) P.S. Case No. 279 of

Patna High Court CR. MISC. No.9152 of 2021(2) dt.16-02-2022 2/3 2020.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and there is a dispute between the neighbours. There is a delay in lodging the First Information Report on 02.07.2020 for the alleged occurrence of 29.06.2020 without reasonable explanation. In any event, the injuries are simple in nature. The petitioner claims clean criminal antecedent.

4. Learned APP appears and has been heard.

5. Be that as it may, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 279 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C., if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1

Patna High Court CR. MISC. No.9152 of 2021(2) dt.16-02-2022 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) rishi/- U T