Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24310 of 2021 Arising Out of PS. Case No.-50 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== Vikash Kumar Son Of Ram Dayal Das Resident Of Village- Nawada Kala, P.S.- Ganga Bridge, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 394, 302/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case is that the son of the informant has been killed by the accused persons.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that police arrested the petitioner on the

Patna High Court CR. MISC. No.24310 of 2021(2) dt.17-08-2021 2/2 ground that he was using Samsung mobile which was looted in the said occurrence. He submits that similarly situated coaccused have been granted bail by coordinate Benches of this Court in Cr. Misc. No. 66676 of 2019 on 04.12.2019 and in Cr. Misc. No. 73510 of 2019 on 19.11.2019. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 07.12.2020.

Considering the facts and circumstances of the case and the fact that the similarly situated co-accused have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hajipur Town P.S. Case No. 50 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T