Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10070 of 2023 Arising Out of PS. Case No.-134 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Vikash Kumar S/O Laldeo Yadav R/V- Salempur, P.S.- Kinjar, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Paliganj P.S. Case No. 134 of 2022 registered under sections 302 and 34 of the Indian Penal Code and Sections 27 of the Arms Act. As per prosecution case, the allegation of murder of the informant's brother is against two unknown criminals who fired on his brother and fled by motorcycle. During treatment, the brother of the informant died. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10070 of 2023(2) dt.19-04-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of disclosure made by one Pinki Kumari before the police. Nothing consistent material came against the petitioner during investigation. Petitioner has not been put on T.I. Parade. He was not apprehended on spot. Moreover, he is languishing in judicial custody since 17.04.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 15.02.2023 in Cr. Misc. No. 57629 of 2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Paliganj P.S. Case No. 134 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two

Patna High Court CR. MISC. No.10070 of 2023(2) dt.19-04-2023 3/3 sureties of the like amount each to the satisfaction of the learned S.D.J.M., Danapur, District- Patna.

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