Vicky Kumar @ Vikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24261 of 2023 Arising Out of PS. Case No.-542 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== Vicky Kumar @ Vikki Kumar Son Of Vinod Yadav @ Vinod Kumar R/O Vill Chakiyapar Chechaul ,PS Naubatpur ,Dist Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Informant : Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 09.11.2020, in connection with Naubatpur P.S. Case No. 542 of 2020 corresponding to Sessions Trial No. 152 of 2021, F.I.R. dated 21.10.2020 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he along with his associates has murdered the son of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in

Patna High Court CR. MISC. No.24261 of 2023(4) dt.21-08-2023 2/3 the present case merely on the basis of suspicion and there is no eye witness of the alleged occurrence and the informnt is not an eye witness of the alleged occurrence. He further submits that the allegation against co-accused person namely Vikki Kumar who called the deceased for seeing the plot in question has been granted bail by a Coordinate Bench of this Court vide order dated 28.07.2021 passed in Cr. Misc. No. 11054 of 2021. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 09.11.2020.

5. Learned counsel appearing on behalf of the Informant as well as learned APP for the State vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material to suggest the involvement of the petitioner in the present occurrence.

6. Vide order dated 17.07.2023 a report was called for with regard to the stage of the trial. Report dated 01.08.2023 of the learned Trial Court reveals that out of six chargesheeted witnesses, four witnesses have already been examined.

7. Considering the aforesaid facts and circumstances of the case and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection

Patna High Court CR. MISC. No.24261 of 2023(4) dt.21-08-2023 3/3 with Naubatpur P.S. Case No. 542 of 2020 corresponding to Sessions Trial No. 152 of 2021 pending in the Court of learned Additional Sessions Judge-V, Danapur, Patna.

8. Prayer is refused.

9. However, learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T