Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24722 of 2023 Arising Out of PS. Case No.-491 Year-2022 Thana- NAGAR District- Vaishali ====================================================== VIKASH KUMAR Son of Laxman Ray Resident of Mohalla - Hathsarganj, P.S.- Hajipur Town in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code and Section 27 of Arms Act. According to the FIR, the informant alleged that his son namely, Ranjaj Kumar was shot fire by the petitioner due to which he received gunshot injury and died during course of treatment. It is further alleged that earlier to the occurrence, the petitioner used to threatened the informant son. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been made accused in this case on the basis of suspicion. The informant is not an eye witness of the alleged occurrence. During course of investigation, there is also

Patna High Court CR. MISC. No.24722 of 2023(3) dt.24-07-2023 2/2 not a single eye witnesses who claimed himself to see the alleged occurrence. Only on the basis of hearsay statement, the petitioner has been implicated in the case. No any consistent material has come on record which suggests the complicity of the petitioner in the alleged offence. It is further submitted that the petitioner is languishing in judicial custody since 1.9.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 491 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Amandeep/- U T