Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8364 of 2022 Arising Out of PS. Case No.-23 Year-2020 Thana- JAMHOR District- Aurangabad ====================================================== Vikash Kumar Son of Naresh Chandra Prasad Resident of Village - Dhanawo, P.S. - Jamhore, District - Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Leelawati Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-04-2022 Heard both parties.

The petitioner seeks bail in Jamhore P.S. Case No. 23 of 2020, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code. As per the prosecution case, all the accused persons including this petitioner variously armed came at the field of informant and assaulted the informant, informant's mother and his brother with lathi, danda, Sword, Farsa and also fired with country made pistol. Informant's brother died during course of treatment.

It is submitted on behalf of the petitioner that from bare perusal of FIR it is apparent that no specific allegation of overt act has been alleged against this petitioner. Specific allegation of causing assault is against other co-accused persons.

Patna High Court CR. MISC. No.8364 of 2022(2) dt.11-04-2022 2/2 During course of investigation, no independent witnesses have supported the prosecution case. Other co-accused has been granted bail by this Court vide order dated 30.07.2021 passed in Cr. Misc. No. 9904 of 2021 vide Annexure-2. Petitioner is in custody since 14.12.2021 having clean antecedent. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 23 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T