Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14090 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Vivek Kumar (Male) aged about 28 years, Son Of Late Arun Kumar Singh R/O Village- Dilawarpur, P.S.- Keshriya, District- Purvi Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jata Shankar Jha, Advocate For the Opposite Party/s :
Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Chakia P.S. Case No. 301 of 2023 registered for an offence punishable under Section 302 and 120(B) of the Indian Penal Code and 27 of the Arms Act.
3. As per allegation in the FIR, it is a case of murder of the son of the informant by the accused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that petitioner is in custody since 27.08.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.14090 of 2024(2) dt.06-03-2024 2/2
6. From perusal of the first information report and impugned order dated 22.11.2023, it appears that the petitioner is not named in the FIR and specific allegation against two coaccused persons and not this petitioner and the name of the petitioner surfaced on the basis of confessional statement of coaccused Rupesh Singh as stated in para-7 of the petition and petitioner has got clean antecedent.
7. Under the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Chakiya P.S. Case No. 301 of 2023.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T