Vicky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14636 of 2017 Arising Out of PS.Case No. -508 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Vicky Yadav, son of Bhola Yadav, resident of Bhojpur Colony, P.S.- Kankarbagh, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kankarbagh P.S. Case No. 508 of 2015 instituted for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that statement of the victim boy (since deceased) was recorded in the hospital prior to his death in which he has given the description of the occurrence and has taken name of different accused persons, but has not taken the name of this petitioner. It has further been submitted that in the statement, the victim boy has levelled specific allegation against co-accused Tapaswi Prabhudeva of assaulting with Rod on his head and against Vishal, piercing some sharp weapon in his chest. During

Patna High Court Cr.Misc. No.14636 of 2017 (3) dt.15-05-2017 2/2 investigation, Vishal took the name of the petitioner in his confessional statement.

In such circumstances, the victim boy (since deceased) whose statement recorded under Section 164 Cr. P.C. prior to his death, has not taken the name of this petitioner, although, he has given vivid description of the occurrence.

Considering the aforesaid facts and circumstances of the case, 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 Smt. Madhavi Singh, learned Judicial Magistrate, 1st Class, Patna, in connection with Kankarbagh P.S. Case No. 508 of 2015, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T