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Patna High CourtCR. MISC./71916/2023allowed

Vijay Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71916 of 2023 Arising Out of PS. Case No.-226 Year-2019 Thana- SONEPUR District- Saran ====================================================== Vijay Kumar S/O Late Yogendra Chaudhary R/O Village- Chanwari Ward No.- 6 Sonepur, P.S.- Sonepur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.

It is alleged against the petitioner and other coaccused persons that they snatched the golden chain of the informant and also demanded cash and when the informant protested, this petitioner gave knife blow in the stomach of the informant. The accused persons also snatched cash of Rs. 30 thousands from the wife of the

Patna High Court CR. MISC. No.71916 of 2023(2) dt.08-11-2023 2/3 informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 21.03.2019, F.I.R was lodged on 30.03.2019 without explaining the delay. There is admitted land dispute between the parties. The informant and the petitioner and agnates and next door neighbour and in the background of previous enmity, he has been made accused in this case. The petitioner is languishing in custody since 30.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.71916 of 2023(2) dt.08-11-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Sonepur P.S. Case No. 226 of 2019.

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