Vipul Singh @ Vipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58170 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- KATHAIYA District- Muzaffarpur ====================================================== Vipul Singh @ Vipul Kumar Son Of Ram Naresh Singh R/V- Sirsiya, P.SKathaiya, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 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 a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
Prosecution case in nutshell is that when the informant is standing in queue to take corona vaccine, in the meantime, petitioner and other co-accused persons came there and they forcibly entered in the queue. When the informant forbade them, they forcibly ousted
Patna High Court CR. MISC. No.58170 of 2022(2) dt.18-01-2023 2/3 him from the queue and co-accused Abhishek Singh pointed gun on his head. Allegation against the petitioner is that he pushed the inforamant.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 12.07.2022. The petitioner was neither arrested on the spot nor anything incriminating has been recovered from his possession and also there is no any specific allegation of overact against the petitioner. The only allegation against the petitioner is that he pushed the informant. From perusal of the injury report (Annexure 2) it appears that injury is simple in nature and caused by hard and blunt substance.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and
Patna High Court CR. MISC. No.58170 of 2022(2) dt.18-01-2023 3/3 circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kathaiya P.S. Case No. 123 of 2021 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 S.D.J.M, West Muzaffarpur.
(Sunil Kumar Panwar, J) nirajkrs/rajnish U T