Vikash Kumar @ Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13417 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== VIKASH KUMAR @ VISHAL KUMAR Son of Chulhai Mahto R/v- Basauli Tola Ramchandra, P.S.- Kudhni, District- Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party :
Mr.Bharat Bhushan, App, 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
As per the prosecution case, co-accused Babul Kumar Mahto was in illicit relation with informant's elder daughter-inlaw. It is further said that she in connivance with said coaccused killed her husband Arun Kumar and petitioner is full brother of said co-accused Babul Kumar Mahto. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no eye witness of the occurrence. Petitioner's name has figured during course of investigation in confessional statement of co-accused. No direct or indirect evidence has come against the petitioner during course of investigation to
Patna High Court CR. MISC. No.13417 of 2023(3) dt.22-06-2023 2/2 show his complicity in the occurrence. Petitioner claims clean antecedent.
Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Additional Chief Judicial Magistrate I West, Muzaffarpur in Kudhani Police Station Case No. 222 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T