Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54284 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Vijay Kumar Son Of Jatta Rai Resident Of Village - Shambhuchak, P.S.- Kalyanpur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Kalyanpur P.S. Case No. 97 of 2022 registered under sections 341, 324, 307 and 120(B) of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that one Sanjay Kumar called the informant's son on phone and told to come, then he told her mother (informant) and he went. It is further alleged that under conspiracy, they indiscriminately assaulted the informant's son with knife due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.54284 of 2022(2) dt.16-02-2023 2/2 falsely been implicated in this present case due to previous enmity arising out of land dispute. It is further submitted that the petitioner is not named in F.I.R. rather his name came into light in this case on the basis of disclosure of injured Mantu Kumar. As per the impugned order, several injuries sustained by injured but all are simple in nature. Nothing has been recovered from the possession of the petitioner. He is languishing in judicial custody since 02.05.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S. Case No. 97 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) shubham/- U T