Vicky Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28085 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Vicky Baitha, Son of Bhukhalu Baitha, resident of Hathsarganj, P.S.- Hajipur Town, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 300 of 2016, registered under Section 324, 326, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that informant Virendra Kumar Singh being proprietor of Pepsi Godown was present at his godown and talking to Kishlay Kumar, Marketing Officer of the Pepsi Company at about 8.30 P.M. At that time, some miscreants came there covering their faces, while he and Kishlay was inside the godown moved from there and he also tried to close the shutter, but miscreants started firing, which hit Kishlay, who was rushed to the Sadar Hospital from where he was referred to

Patna High Court Cr.Misc. No.28085 of 2017 (3) dt.14-07-2017 2/2 PMCH, Patna, but he died in course of treatment. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. in course of investigation, the petitioner was apprehended by the Police in connection with Hajipur Town P.S. Case No. 381 of 2016 in which Police got recorded the confessional statement of the petitioner showing his involvement along with Jitendra Paswan in the present case, except the confessional statement nothing has been collected to show his involvement in the present case. The petitioner is in custody since 13.07.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-IV, Vaishali in connection with Hajipur Town P.S. Case No. 300 of 2016. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T