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Patna High CourtCR. MISC./27889/2015bail granted

Vicky Kumar v. The State Of Bihar

2015-07-22Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27889 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -GHORASAHAN District- EAST CHAMPARAN(MOTIHARI) ====================================================== Vicky Kumar, Son of Amaldeo Rai, resident of village - Dhum Nagar, P.S. Lakhaura, ( Ghorasahan ), District - East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Tiwari, Advocate. For the Opposite Party : Mr. Uma Nath Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 The petitioner is apprehending his arrest in connection with Ghorasahan (Lakhaura) P.S. Case No. 86 of 2015 for the offences instituted under Sections 337, 338, 506/34 of the IPC and 27 of the Arms Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant's brother, cousin and 1-2 boys of village were going to pay when this petitioner called informant's brother and put a box like a ball on his head when he moved back side due to fear then Vicky Kumar told that you did not have fear today. Vicky Kumar took bomb on his hand and thrown on the leg of the informant's brother

Patna High Court Cr.Misc. No.27889 of 2015 (2) dt.22-07-2015 2/3 on which the said bombs were exploded due to which Rakesh also sustained injury after its explosion, Vicky Kumar fled away then the informant and other persons arrived there and the informant's brother and cousin brother were taken to Sadar Hospital, Motihari, where they are being medically treated. It is further alleged that after incident, the informant's co-villagers Devanand, Deepak, Rakesh Kumar and Manish gave him threatening that if he lodges any case then his whole family will be finished. It is lastly alleged that Vicky Kumar, Rakesh and Manish with alleged arms at informant's Gowas before the said incident and they are of criminal nature so they went to out informant's side from the village.

It has been submitted on behalf of the petitioner that all the Sections are bailable except Section 27 of the Arms Act. It is further submitted that the petitioner has falsely been implicated in the present case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Ghorasahan

Patna High Court Cr.Misc. No.27889 of 2015 (2) dt.22-07-2015 3/3 (Lakhaura) P.S. Case No. 86/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T