Vikash Paswan @ Vikesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30702 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- MANSURCHAK District- Begusarai ====================================================== VIKASH PASWAN @ VIKESH KUMAR S/O MOHAN PASWAN R/O VILLAGE- AGAPUR, P.S- MANSOORCHAK, DISTT.- BEGUSARAI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mansoorchak P.S. Case No. 118 of 2023 dated 12.11.2023 registered for the offences punishable under Section 302, 120B and 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant's son was called by mobile at Agarpur Bijji Gaachhi and was cut his throat with sharpened weapon. Earlier the deceased was threatened by Rudul Paswan and Vikash Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eye-witness of the alleged occurrence. There is general and omnibus allegation against the petitioner. It is further
Patna High Court CR. MISC. No.30702 of 2024(5) dt.23-09-2024 2/2 submitted that as per para 79 of the case diary, no call was made on the phone number of the deceased by the petitioner's mobile number on the date of occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.11.2023.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Mansoorchak P.S. Case No. 118 of 2023, with the condition:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T