Bikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11979 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== Bikki Kumar S/O Bharat Mandal R/O Village- Bhandari, Ward No. 9, P.SBelsand, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Belsand P.S. Case No. 69 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. Earlier vide order dated 31-10-2023, petitioner's prayer for grant of anticipatory bail was dismissed.

3.

As per prosecution case, petitioner along with other accused persons brutally assaulted the son of the informant due to which he died.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-12-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.11979 of 2024(2) dt.27-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation levelled against the petitioner. Other co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 22-01-2024 & 0211-2023, passed in Cr. Misc. No. 86329 of 2023 and Cr. Misc. No. 52804 of 2023, respectively. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner 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 Court below/concerned Court in connection with Belsand P.S. Case No. 69 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T