Vivekanand Sharma @ Viveka Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22596 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- BIHTA District- Patna ====================================================== Vivekanand Sharma @ Viveka Singh Son of Late Sukhdeo Sharma R/VAkhtiarpur PS- Bihta Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dayanand Singh For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, petitioner is alleged to be conspirator and was present at the place and time of occurrence.
4. It is submitted that there is no allegation of any overt act against this petitioner and he is only alleged to be conspirator and present at the place and time of occurrence. Similarly situated co-accused Amit Kumar @ Sarvesh Kumar who alleged to be order giver, has been granted bail by this Court.
Patna High Court CR. MISC. No.22596 of 2023(3) dt.17-08-2023 2/2
5. Counsel for informant however vehemently opposed the prayer for bail and submitted that petitioner has got five criminal antecedents. In reply, counsel for petitioner submitted that in all those cases petitioner is on bail.
6. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist, Danapur, Patna in connection with Bihta P.S. Case No. 165 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T