Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24231 of 2017 Arising Out of PS.Case No. -116 Year- 2016 Thana -SIGORI District- PATNA ====================================================== Vivek Kumar, S/o Bisundeo Singh, R/o Village Naubatpur Chechaul, P.S.- Naubatpur, District- Patna (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate. For the Opposite Party/s : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sigori P.S. Case No. 116 of 2016 instituted for the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged in the written report that his son has been murdered by unknown person. From the impugned order it appears that name of this petitioner has been taken by the informant in his further statement made in paragraph-30 of the case diary and also in the confessional statement of co-accused Prince Kumar recorded in paragraph-79 of the case diary. Counsel for the petitioner has stated in paragraph-9 of the bail petition that the informant in his further statement made in paragraph-30 has merely stated that the informant is alleged to

Patna High Court Cr.Misc. No.24231 of 2017 (2) dt.24-05-2017 2/2 have disclosed that one month prior to the occurrence, an altercation has taken place between the informant's son (deceased), his friends Prince Kumar and Vivek. In such circumstances, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Sri Ranjeet Prasad, learned Judicial Magistrate, 1st Class, Danapur, in connection with Sigori P.S. Case No. 116 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T