Vinoj Kumar @ Diloj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15473 of 2022 Arising Out of PS. Case No.-134 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== VINOJ KUMAR @ DILOJ KUMAR Son of Jagat Narayan @ Jagat Narayan Ray Resident of Village- Bhatu Tola, P.S.- Jitana, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ghorasahan P.S. Case no. 134 of 2019 instituted for the offence under Sections 341, 323, 324, 307, 353 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance to the police party in discharging the official duty and they succeeded to make free the apprehended accused Vijay Ram.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled against him. He was only the member of the mob. He has got no

Patna High Court CR. MISC. No.15473 of 2022(2) dt.12-09-2022 2/2 criminal antecedent. There is not a single independent witness to support the prosecution case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. His name has dragged in the present case on the basis of confessional statement of co-accused Vijay Ram before the police, which has got no evidentiary value in the eye of law. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ghorasahan P.S. Case no. 134 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sikrahna at Dhaka, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U