Vikash Kumar Paswan @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21783 of 2020 Arising Out of PS. Case No.-304 Year-2018 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== VIKASH KUMAR PASWAN @ VIKASH KUMAR Son of Srikant Paswan Resident of Village - Rajni Goth, P.S.- Madhepura, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Durga Kumari For the Opposite Party/s :

Mr.Binod Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 302 of the Indian Penal Code. The prosecution case in short is that son of the informant was killed by the the accused persons who was suffering from mental disease.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.10.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.21783 of 2020(3) dt.04-09-2020 2/2 against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in course of investigation. As per the prosecution case, it is a case of last seen. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Sessions Judge, Madhepura in connection with Sessions Trial No. 13 of 2020 arising out of Udakishunganj P.S. Case No. 304 of 2018, CIS No. 1163 of 2018.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case. (Sudhir Singh, J) Pankaj/- U T