Vijay Sinha @ Vijay Prasad Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65400 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Vijay Sinha @ Vijay Prasad Sinha Son Of Late Baijnath Prasad Resident Of Village- North Mndiri, Ps- Buddha Colony, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra Ojha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare Mr.Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 147, 149, 323, 307, 354, 506 of the Indian Penal Code and later on, Section 302 of the Indian Penal Code was added.

3. As per the prosecution case, this petitioner is alleged to have grabbed sister of informant from behind and pushed her on the ground, as a result of which, she became naked.

4. It is submitted on behalf of petitioner that no such occurrence, as alleged in F.I.R., took place. The present case is counter blast of case lodged by one of co-accused Dharmendra Kr. Sinha against the informant & others, vide Ara Town P.S. Case No. 3/2023. No injury has been caused to sister of

Patna High Court CR. MISC. No.65400 of 2023(2) dt.18-10-2023 2/2 informant. Petitioner has got clean antecedent.

5. Learned counsel for the State and informant vehemently opposed the prayer for anticipatory bail.

6. Considering the nature of accusation against the petitioners and clean antecedent, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Ara Town P.S. Case No. 2 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (A) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(B) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) anay/- U T