Vijay Kaushlendra Deo @ Madan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53254 of 2022 Arising Out of PS. Case No.-280 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== VIJAY KAUSHLENDRA DEO @ MADAN Son of Late Parvati Nandan Narayan Singh @ Parvati Nandan Narayan Singh Resident of Village - Badalpura, P.s.- Matihani, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2022 At the outset, learned counsel for the petitioner has filed supplementary affidavit in Court today. Let the same be kept on record.

Heard both sides.

The petitioner apprehends his arrest in connection with Muffasil P.S. Case No.280 of 2022, registered for the offences punishable under Sections 341, 323, 379, 427, 504 and 34 of the Indian Penal Code as well as Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got one criminal antecedent as stated in paragraph-3 of the bail application. It is further

Patna High Court CR. MISC. No.53254 of 2022(2) dt.14-12-2022 2/3 submitted that prior to lodging of the present case, land dispute was prevailing between the parties. It is submitted that prior to filing of the present case, one Shivan Tanti who happens to be cultivator (raiyat) of the land of the petitioner and his brother lodged Muffasil P.S. Case No.143 of 2020 dated 18.03.2020 for the offences registered under Sections 143, 341, 323, 504, 506, 379 of the Indian Penal Code and Section 3(i)(r)(s) of the SC/ST Act in which the present informant and his brother and sons have been made accused. It is submitted that proceeding under Section 144 Cr.P.C. was also initiated for the same land (Annexure-3 of the Supplementary Affidavit). It is also submitted that none sustained any injury in the alleged offence. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts and circumstances of the case, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No.280 of 2022, subject to the conditions

Patna High Court CR. MISC. No.53254 of 2022(2) dt.14-12-2022 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

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