Vicky Singh @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17653 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- BUNIYAD GANJ District- Gaya ====================================================== Vicky Singh @ Vicky Kumar, Male, aged about 23 years, Son of Sanjay Singh @ Sanju Singh, Resident of Mohalla- Pehani near Purani Madarsa, P.S.-Buniyadganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Buniyadganj PS Case No. 278 of 2023 instituted for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the FIR named accused persons including the petitioner has murdered the husband of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It is further submitted that as per the written report, informant was not an eye witness of the alleged occurrence. There is no any substantive piece of

Patna High Court CR. MISC. No.17653 of 2024(2) dt.15-03-2024 2/2 evidence was found to connect the complicity of this petitioner in the alleged crime. He further submits that the petitioner is also not having any nexus with genesis or motive of the alleged occurrence. Petitioner is in custody since 30.09.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional District and Sessions Judge-II, Gaya dated 23.01.2024, it appears that petitioner is named in the FIR and all the witnesses are hearsay witnesses. Allegation of cause of death was due to fire arm injury as alleged by the informant but in the postmortem report as mentioned in the impugned order, no firearm injury was found on the persons of the deceased and the deceased was died due to head injury caused by hard and blunt object, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned Judicial Magistrate-1st Class, Gaya in connection with Buniyadganj PS Case No. 278 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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