Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8915 of 2019 Arising Out of PS. Case No.-388 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== VICKY KUMAR, aged about 25 years, Male, Son of Anand Bihari Mahto @ Anand Vihar, Resident of Village - Ibrahim Nagar, P.S. Ara Town, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pancha Nand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 302, 120(B), /34 of the Indian Penal Code and Sections 27 of the Arms Act. Informant has alleged in his fardbeyan that while he was standing along with his brother Shyam Babu Yadav near Dharahar bridge All FIR named accused persons including petitioner came there on three motorcycles and took away his brother on their motorcycles thereafter he followed the motorcycles and saw that FIR named accused including petitioner are firing upon his brother who died and thereafter

Patna High Court CR. MISC. No.8915 of 2019(2) dt.12-03-2019 2/3 accused fled away on motorcycles.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case without any rhyme and reason. He has no criminal antecedent and as per postmortem report only two fire arm injury has been found on the person of deceased. Petitioner is in custody since 01.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ara Town P.S. Case No. 388 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.8915 of 2019(2) dt.12-03-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T