Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8604 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- KHAJEKALA District- Patna ====================================================== VICKY KUMAR Pappu Prasad @ Nanhku Resident of Garhiya Par Bijli office ki Gali, P.S.-Khajekala, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Kumar Prasad For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-04-2019 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 while the informant's brother went to park his motorcycle in Harun Market, some unknown persons fired upon him. He received fire arms injury and was taken to the doctor for treatment, where the doctor declared him dead.

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 03-12-2018. Charge sheet has already been submitted. Neither the informant

Patna High Court CR. MISC. No.8604 of 2019(3) dt.26-04-2019 2/2 is an eye witness nor there is any other eye witness to the alleged occurrence. The name of the petitioner transpired merely on the basis of suspicion. Except for suspicion, there is no other substantive 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, the petitioner named above is directed to 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 Sub Divisional Judicial Magistrate, Patna City in connection with Khajekala P.S. Case No. 319 of 2018.

(Sudhir Singh, J) A.K.V.//- U T