Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71414 of 2024 Arising Out of PS. Case No.-345 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Vijay Kumar, aged about 42 years, Gender-M, son of Late Kamta Prasad, R/O village- Maharajachak, P.S.- Masaurih, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Masaurih PS Case No.345 of 2024 dated 01.05.2024, instituted under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he assaulted the son of the informant with iron rod due to which he sustained severe injury in his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that there was dispute with regard to ingress and egress and the informant has lodged the present case with intention to grab the ingress and egress land situated near the house of the petitioner. Further submission is that there

Patna High Court CR. MISC. No.71414 of 2024(4) dt.22-11-2024 2/2 is allegation against the petitioner of assaulting the son of the informant on his head with iron rod but the injury report reveals that one incised wound was found on the scalp and the same was simple in nature caused by hard and blunt object. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Masaurih, in Masaurih PS Case No.345 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T