Patna High CourtCR. MISC./15586/2023allowed

Vicky @ Vicky Pandit v. The State Of Bihar

2023-09-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15586 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== VICKY @ VICKY PANDIT S/O RAMESH PANDIT R/v- Mantu Ram Orchard in front of Fagu Singh Poultry Farm, P.S.- Hariya, Distict- East Champaran , Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 326, 302, 379, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's son. It is further alleged that the accused persons also looted motorcycle, Sim Card and Rs. 20,000/- from the informant's son.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and

Patna High Court CR. MISC. No.15586 of 2023(5) dt.19-09-2023 2/2 omnibus allegation against the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. There is no specific overt act against the petitioner. He further submitted that the others co-accused have already been granted bail by a Co-ordinate Bench vide order dated 09.08.2023 passed in Cr. Misc. No. 48898 of 2023. He is languishing in judicial custody since 20.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Raxaul P.S. Case No. 296 of 2022.

(Sunil Kumar Panwar, J) arish/- U