Raja Kumar @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5023 of 2019 Arising Out of PS. Case No.-28 Year-2017 Thana- PATNA CITY CHOWK District- Patna ====================================================== Raja Kumar @ Vikash Kumar S/o Pradeep Prasad resident of Dahuchak Nagla(Near Laxmi Mandir, P.S.- Malsalami), Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar For the State :
Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case in brief is that in the backdrop of old enmity, the brother of the informant was shot dead by the accused persons.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 26-04-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner
Patna High Court CR. MISC. No.5023 of 2019(4) dt.22-04-2019 2/2 in the present case. There was previous enmity between the parties. Neither there is eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-, Patna City (Patna) in connection with Chowk P.S. Case No. 28 of 2017.
(Sudhir Singh, J) A.K.V.//- U T