Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6337 of 2018 Arising Out of PS. Case No.-144 Year-2017 Thana- KHAJEKALLAN District- Patna ====================================================== Vicky Kumar S/o Pappu Prasad @ Nanhku Garhiya, Par Bijli Office Ki Gali, P.S.- Khajekalan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Jha For the Opposite Party/s :

Mr. SRI RAM BILASH ROY RAMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with S.T. No. 712 of 2017 arising out of Khajekalan P.S. Case No. 144 of 2017 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Informant is the brother of the deceased, who in his fardbeyan has stated that on 30.08.2017 at about 7:00 pm, he was going towards his house and at about 7:20 pm when he reached near Kali Mandir, he saw his younger brother since deceased and Udit Yadav @ Chunnu Yadav, Bittu Yadav,Vicky Kumar (petitioner) and two unidentified miscreants, were talking to each other and some dispute arose in course of argument and Udit Yadav @ Chunnu Yadav took out revolver

Patna High Court Cr.Misc. No.6337 of 2018(3) dt.28-02-2018 2/2 from his possession and fired upon his younger brother deceased-Rajiv Ranjan and thereafter all the named accused fled away. The body was brought to the hospital where the Doctor declared him brought dead.

It has been submitted on behalf of the petitioner that there is no allegation of any overt act on behalf of the petitioner and the allegation of firing is against Udit Yadav @ Chunnu Yadav. Petitioner has got no criminal antecedent and is in custody since 06.09.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patna City in connection with S.T. No. 712 of 2017 arising out of Khajekalan P.S. Case No. 144 of 2017. (S. Kumar, J) ranjan/- U