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Patna High Court/17809/2022bail granted

Vickky Kumar @ Vicky Kumar v. The State Of Bihar

2023-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17809 of 2022 Arising Out of PS. Case No.-423 Year-2021 Thana- PATORI District- Samastipur ====================================================== VICKKY KUMAR @ VICKY KUMAR Sonof Tapeshwar Roy Resident of Village - Tara Dhamaun, P.S.- Patori, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s Naresh Dixit, Madhu Prasun, Advocates For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 272, 273, 328 and 34 of the Indian Penal Code. As per the prosecution case, it is stated by the informant that as a result of some poisonous drink having been served by the petitioner in his birthday party, the same led to death of two persons.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Neither it was the birthday of the petitioner on the date alleged nor is there any reason for the petitioner to serve any intoxicated drink. The petitioner is a student. He is in custody

Patna High Court CR. MISC. No.17809 of 2022(6) dt.12-01-2023 2/2 since 10.11.2021 and chargesheet has been submitted in the case. He has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made together with the material that has transpired in course of investigation, specially the petitioner being in custody for more than a year since 10.11.2021, not having any criminal antecedent and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Shahpur Patori P.S. Case no. 5133013210423/2021 (423 of 2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur. (Partha Sarthy, J) Spd/- U T