Vikash Chandrabanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22903 of 2017 Arising Out of PS.Case No. -1254 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Vikash Chandrabanshi, son of Late Munna Chandrabanshi, resident of Village- Amra Talab, P.S.- Sasaram (M), District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2017 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks bail in a case instituted for the offences under Sections 302, 120B/34 of the I.P.C. and 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the informant along with his brotherin-law was going on motorcycle and on the way they stopped near a tea stall of Prem Chaurasiya, in the meantime three persons came on motorcycle and one Sujit Singh caused fire arm injury on the chest of his brother-in-law, on account of which he fell down and died.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.22903 of 2017 (2) dt.23-05-2017 2/3 the petitioner is in custody since 27.3.2017 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The main allegation is against co-accused Sujit Singh for assaulting the deceased. No overt act has been alleged against the petitioner. The petitioner is not named in the F.I.R. Other co-accused has been granted anticipatory bail vide Cr.Misc.No.10737 of 2017. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation as one of the conspirators.

Considering the aforesaid facts and circumstances, it is directed that 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 learned 7th Additional Sessions Judge, Rohtas at Sasaram in connection with S.T. No.27 of 2017 arising out of Sasaram (Mufassil) P.S. case No.1254 of 2016.

(Sudhir Singh, J) Narendra/-

Patna High Court Cr.Misc. No.22903 of 2017 (2) dt.23-05-2017 3/3 U T