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Patna High Court/24375/2021allowed

Bikku Kumar @ Vikku Kumar v. The State Of Bihar

2021-10-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24375 of 2021 Arising Out of PS. Case No.-211 Year-2020 Thana- DULHIN BAZAR District- Patna ====================================================== BIKKU KUMAR @ VIKKU KUMAR SON OF VIJAY SHARMA R/O VILLAGE- BARICHAK, P.S.- DULHIN BAZAR, DISTRICT- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 302 & 120 B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Four unknown accused persons are said to have committed the murder of the brother of the informant. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot, his name was figured in this case during course of investigation. No incriminating article has been recovered from his conscious physical possession. There is no eye witness of the occurrence

Patna High Court CR. MISC. No.24375 of 2021(3) dt.28-10-2021 2/2 except the co-villager Vijendra Kumar with whom the victim went on morning walk. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Co-accused, namely, Chandan Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 27.07.2021 passed in Cr. Misc. No.25184 of 2021. The petitioner has been languishing in custody since 25.11.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Dulhin Bazar P.S. Case No.211 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T