Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60232 of 2024 Arising Out of PS. Case No.-617 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Vijay Kumar Son of Baidanath Prasad Village-Tarma, P.S.-Kanti, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 325, 307, 379, 504, 506 and 34 of the IPC in connection with Kanti P.S. Case No.617 of 2023.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 22.07.2023 when he was sitting at his door when on account of old land dispute his agnates (named accused persons) including the petitioner came and started abusing, on protest it is alleged that petitioner assaulted the informant by an

Patna High Court CR. MISC. No.60232 of 2024(2) dt.26-09-2024 2/3 iron rod causing injury on head, thereafter, Vishwajit assaulted him by lathi and when wife of the informant intervened she was also assaulted by all the accused persons and Rupa snatched her golden chain.

4. The learned counsel submits that petitioner has been falsely implicated in the instant case on account of dispute relating to land. It is further submitted that from perusal of the injury report it would manifest that the injury suffered by the informant on head is simple in nature and the blow was not repeated. It is also submitted petitioner is not a criminal and on account of dispute relating to land the occurrence is alleged to have taken place in which both side assaulted each other.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IIIrd (West), Muzaffarpur in connection with Kanti P.S. Case No.617 of 2023, subject to the

Patna High Court CR. MISC. No.60232 of 2024(2) dt.26-09-2024 3/3 conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T