Vikram Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62394 of 2018 Arising Out of PS. Case No.-574 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vikram Chaudhary, S/o Arun Kr. Choudhary, Resident of Village- Bishunpur, P.S.- Nagar, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate.
For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sessions Trial No.407 of 2018, arising out of Begusarai Muffasil P.S. Case No.574 of 2017, registered under Sections 364, 302 and 120(B)/34 of the Indian Penal Code.
The accusation is that Bholi Singh, the son of the informant Ilaichi Devi, was a witness in the murder case of Fantus Yadav bearing Sessions Trial No.668 of 2008, in which the accused Arvind Singh, Balmukund Singh, Bambam Singh , Rajeev Singh, all sons of Upendra Singh, resident of village-
Patna High Court Cr.Misc. No.62394 of 2018(2) dt.08-10-2018 2/3 Mahidani, District-Begusarai, and others were sentenced to life imprisonment. During trial, all the accused put pressure upon his son not to give the evidence in the aforesaid Sessions Trial. Thereafter, Arvind Singh by his influence tried to lodge a case against the witness and his family members and, in that course, Sumit Kumar, the grandson of the informant, was implicated in false case bearing Matihani P.S. Case No.11 of 2016, who was acquitted in that case before two days. Thereafter, Arvind Singh and his brother, by hatching conspiracy with the help of Sanjay Chaudhary, Bulbul Kumar alias Vipul Bhardwaj, Ashwani Kumar alias Sonu, Sachin Kumar, Chunchun Chaudhary and Rajeev Kumar, after releasing from jail, on 13.12.2017 at about 11.00 A.M. kidnapped Sumit Kumar, the grandson of the informant and after committing his murder, threw his dead body in Banswari, situated at Badi Egu Kangla Bahiyar.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. The name of the petitioner has come in this case in the confessional statement of the co-accused Himanshu Kumar. Except that, there is no material to show the involvement of the petitioner in this case. Further submission is that the co-accused Himanshu
Patna High Court Cr.Misc. No.62394 of 2018(2) dt.08-10-2018 3/3 Kumar alias Nitin Bharti has already been granted the privilege of bail by a Bench of this Court vide order dated 20.09.2018 passed in Criminal Misc. No.49702 of 2018. Further submission is that while the petitioner is accused in three other cases but in all the aforesaid three cases, he is on bail. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released 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 the Additional Sessions Judge-VII, Begusarai, in connection with Sessions Trial No.407 of 2018, arising out of Begusarai Muffasil P.S. Case No.574 of 2017.
(Rajendra Kumar Mishra, J) P.S./- U T