Patna High CourtCR. MISC./5960/2023allowed

Vishal Kumar @ Vikram v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5960 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== VISHAL KUMAR @ VIKRAM S/O RAM BHAROSH RAM R/v- Rampur Jaypal, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the nephew of the informant namely, Ramesh Kumar.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Anil Kumar, which has got no evidentiary value in the eyes of law. There is no consistent

Patna High Court CR. MISC. No. 5960 of 2023(3) dt.03-05-2023 2/2 evidence and no eye-witness to show that the petitioner was involved in the said occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Bochahan P.S. Case No. 456 of 2022.

(Sunil Kumar Panwar, J) arish/- U T