Patna High CourtCR. MISC./1187/2024bail granted

Vijay Kumar Singh v. The State Of Bihar

2024-01-31Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1187 of 2024 Arising Out of PS. Case No.-277 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== VIJAY KUMAR SINGH SON OF PARMANAND SINGH RESIDENT OF VILLAGE - KOYLAKUKND, P.S. - KALYANPUR, DISTRICT - SAMASTIPUR, BIHAR-848101 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in Kalyanpur P.S. Case No. 277 of 2023 registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.

3. Allegedly, while the informant was sitting on his double storeyed house, the accused persons having danda in their hands came there and started abusing and in consequence thereof, the informant was assaulted as a result of which, the informant sustained bleeding injury on his head.

4. Learned counsel for the petitioner has submitted that the informant and the petitioner are full brothers. There is

Patna High Court CR. MISC. No.1187 of 2024(2) dt.31-01-2024 2/2 land dispute and counter case between the parties. The son of the petitioner has lodged a case against the members of prosecution side for the same occurrence. Learned counsel for the petitioner has also submitted that the FIR itself shows that though son of the petitioner was having pistol but he did not fire on the person of the informant, which falsifies the prosecution case itself.

5. Learned Additional Public Prosecutor opposed the prayer for anticipatory bail.

6. Considering the above-mentioned facts and circumstances of the case, let the petitioner named above, in the event of his arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Kalyanpur P.S. Case No. 277 of 2023 subject to the conditions as laid down under Section 438 of the Cr.P.C. (Nawneet Kumar Pandey, J) A.K.V.//- U T