Vijay Bahadur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81898 of 2023 Arising Out of PS. Case No.-188 Year-2023 Thana- RAGHUNATHPUR District- Siwan ====================================================== VIJAY BAHADUR SINGH SON OF LATE RAGHUNATH SINGH R/O VILLAGE- ADAMPUR, P.S.- RAGHUNATHPUR, DISTRICT- SIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Thakur, Sr. Adv For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Raghunathpur P.S. Case No. 188 of 2023 registered on 13.08.2023 lodged under Sections 307, 120(B) of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against two named and four unknown accused persons including the petitioner to whom allegation is that he has fired upon the informant by which the informant suffered injury on the left side of the stomach.
4. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 14.08.2023 having one criminal case pending against him, in which he is on bail. Counsel submits
Patna High Court CR. MISC. No.81898 of 2023(3) dt.19-03-2024 2/3 that this occurrence has been caused by the unknown enemy of the informant but the name of the petitioner has been figured at the instance of the informant of the present case. Counsel further submits that he has also filed application to the superior police authority to conduct the enquiry with the help of C.D.R. location, but no action has taken place in this regard. Chargesheet has already filed in this case.
5. Learned counsel for the State opposes the prayer for bail.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that as per the F.I.R., there is specific allegation against the petitioner by which the informant was injured. Counsel further submits that petitioner and the brother is an Army man and due to which they try dominate in the village
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if the charge is not framed yet and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan in connection with Raghunathpur P.S. Case No. 188 of
Patna High Court CR. MISC. No.81898 of 2023(3) dt.19-03-2024 3/3 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J) Sunnykr/- U