Vishal Kumar @ Rohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.488 of 2020 Arising Out of PS. Case No.-491 Year-2018 Thana- GARKHA District- Saran ====================================================== VISHAL KUMAR @ ROHAN KUMAR Son of Rana Lal Yadav Resident of Village/ Mohalla- New Narayanpur Colony, Gudri Bazar, P.S.- Bhagwan Bazar, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 394 and 302 of the Indian Penal Code.

The informant got an information on 10.11.2018 from the villagers that his younger brother Vicky was coming from Haiderabad and had reserved tempo after getting down on the railway station. It is alleged that when the said tempo reaches near the pond of Jaso Sati Temple, then two persons aged about 18 to 25 years riding on Apachi motorcycle without any registration number, chased the said vehicle and asked to stop

Patna High Court CR. MISC. No.488 of 2020(5) dt.26-06-2020 2/2 and further asked the driver of the tempo to carry one person to Garkha. The driver denied on being no seat in the tempo. On this, the accused person fired, which hit the right shoulder of the deceased Vicky Kumar. The deceased brought to Sadar hospital for treatment, where the doctor declared dead. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on the basis of confessional statement. He submits that no TIP has been done as yet and petitioner is languishing in judicial custody since 08.08.2019.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Sessions Trial No. 637 of 2019 arising out of Garkha P.S. Case No. 491 of 2018 pending before the court of the learned Additional Sessions Judge-XI, Saran at Chapra.

Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T