Vipin Yadav @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27019 of 2024 Arising Out of PS. Case No.-88 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== Vipin Yadav @ Bipin Kumar Son of Late Lalo Yadav Resident of VillageMachaha, Police Station- Shankarpur, Dist.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Rashmi, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Shankarpur P.S. Case no.88 of 2023 registered under sections 302, 307, 341, 387 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that the 15 named accused persons including the petitioner herein were regularly threatening the members of the informant's family of facing dire consequences in case rangadari of Rs. 5 lakhs was not paid. It is stated that on 27.5.2023 while her husband and his elder brother were on way to the bank, all the accused persons variously armed
Patna High Court CR. MISC. No.27019 of 2024(3) dt.10-05-2024 2/3 started to fire indiscriminately as a result of which her husband died.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The statement of the brother of the informant who was injured in the occurrence has been recorded in paragraph no. 61 of the case diary wherein he has described and named the persons who resorted to firing. The petitioner has not been described therein as the person who resorted to firing. The petitioner is in custody since 27.11.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the statement of the injured recorded in paragraph no. 61 of the case diary wherein the injured witness did not name the petitioner as having resorted to firing together with grant of bail to three other co-accused vide order dated 7.3.2024 passed in Cr. Misc. no. 79335 of 2023 and Cr. Misc. no. 81309 of 2023, the petitioner is directed to be enlarged on
Patna High Court CR. MISC. No.27019 of 2024(3) dt.10-05-2024 3/3 bail in connection with Shankarpur P.S. Case no.88 of 2023 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 Additional Chief Judicial Magistrate-I, Madhepura.
(Partha Sarthy, J) Shiv/- U T