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2025 DAILYLAW 97614 (PAT)

Vijay Kumar v. The State of Bihar

CR. MISC./39559/2025 · 2025-12-02

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39559 of 2025 Arising Out of PS. Case No.-1621 Year-2023 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== 1. Vijay Kumar S/o Late Saryug Sao R/o Village- Marshal Bazar, Police Station- Danapur, District- Patna 2. Krishna Kumar S/o Kailash Prasad R/o Village- Bibiganj, Police Station- Danapur, District- Patna ... ... Petitioner/s Versus 1. The State of Bihar 2. Gopal Prasad S/o Sital Prasad R/o Village- Marshal Bazar, Police Station- Danapur, District- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kundan Kumar Singh, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP For the O.P. No.2 : Mr. Md Ghulam Mustafa, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 02-12-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Complaint Case No. 1621(C) of 2023 registered for offence under Sections 452, 323, 120(B), 379, 341, 506, 425, 386 of the I.P.C. and Section 27 of the Arms Act. 3. As per prosecution case, the Complainant Gopal Prasad, who is a practicing lawyer in Danapur Civil Court, makes an allegation against the petitioners, who are uncle and maternal uncle of the Complainant, that they entered into his Chamber, abused him, scattered the files, pushed him as also robbed Rs. 12,000/- at the gun point. Patna High Court CR. MISC. No.39559 of 2025(5) dt.02-12-2025 2/2 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners further submits that both the parties are agnates and in his S.A., the Complainant has stated that he did not file case against the petitioners. He has also stated that he did not suffer any kind of injury. The petitioner no.1 has also lodged a complaint case against the Complainant. 5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners. 6. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Danapur in connection with Complaint Case No. 1621(C) of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023. rishi/- (Nawneet Kumar Pandey, J) U T