Vivek Kumar @ Vivek Rai @ Bhako v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24444 of 2021 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHUA District- Vaishali ====================================================== VIVEK KUMAR @ VIVEK RAI @ BHAKO S/O HARENDRA RAI R/o village- Hathsarganj Naka No. 3, P.S.- Hajipur Town, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Mahua P.S. Case no. 26 of 2020 registered for the offence punishable under section 394 of the Indian Penal Code read with section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in jail custody since 16.09.2020 and charge sheet has been submitted. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant has alleged that he was going to his village on the motorcycle, in the meantime, three persons on a motorcycle came and stopped his motorcycle and looted Rs 3500/-, Adhar card, Voter ID, assaulted him and

Patna High Court CR. MISC. No.24444 of 2021(5) dt.17-11-2021 2/2 opened fire causing injury on his forehead. On hulla being raised, villagers came and he was brought to hospital. Learned counsel for the petitioner next submits that name of the petitioner transpired in the present case in his own confessional statement as well as confessional statement of coaccused. He further submits that from perusal of the allegation as alleged in the FIR, it would manifest that three accused accosted the informant and looted him, thereafter fired upon him and since petitioner was apprehended, he ought to have been put on TI parade so that the informant could identify him. Learned APP vehemently opposed the prayer for bail. Considering the fact that petitioner is in jail since 16.09.

2020, he has not been put on TI parade till date and charge sheet has been submitted, petitioner is directed to 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 Chief Judicial Magistrate, Vaishali at Hajipur in Mahua P.S. Case no. 26 of 2020.

(Satyavrat Verma, J) s.hassan/- U T