Vishal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24089 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== 1.
Vishal Kumar Son Of Vijay Chaudhary Resident Of Village - Shambhupatti, Police Station - Karpurigram, District - Samastipur 2.
Mithilesh Kumar Son Of Rajkumar Chaudhary Resident Of Village - Shambhupatti, Police Station - Karpurigram, District - Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in connection with Sessions Trial No. 102 of 2024 arising out of Musarigharari P.S Case No. 162 of 2023 registered for the offences punishable under Sections 302, 120(B)/34 of the I.P.C and Section 27 of the Arms Act 1959.
3. As per prosecution case, son of the informant namely Deepak Kumar was playing gambling in the vacant she-goat farm and during course of gambling altercation took place and co-accused Birju Sahni and
Patna High Court CR. MISC. No.24089 of 2024(3) dt.17-05-2024 2/3 Akhilesh Sahni shot the son of the informant and his son sustained bullet injury on his abdomen and neck and he was brought to hospital where doctor has declared his son dead.
4. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is further submitted that two co-accused persons have already granted bail by the Co-ordianate Bench of this Court vide order dated 05.04.2024 and 22.04.2024 passed in Cr. Misc. No. 24748 of 2024 and 27626 of 2024. It is also submitted that petitioner are in judicial custody since 13.10.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioners.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioners, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of
Patna High Court CR. MISC. No.24089 of 2024(3) dt.17-05-2024 3/3 the like amount each to the satisfaction of learned Addl. Session Judge-1st, Samastipur in connection with Sessions Trial No. 102 of 2024 arising out of Musarigharari P.S Case No. 162 of 2023.
(Ramesh Chand Malviya, J) Mayank/- U T