Vikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35349 of 2024 Arising Out of PS. Case No.-913 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Vikki Kumar Son of Babloo Yadav @ Babloo Kumar @ Bablu Prasad Resident of village- Chak Chechaul, P.S.- Naubatpur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Adv For the Opposite Party/s :
Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. With the permission to the Hon'ble High Court, Para No. 1 and 5 of the bail application has been corrected in the course of day.
3. The petitioner has preferred this application for grant of regular bail in connection with Rupaspur P.S. Case No. 913 of 2023 dated 11.11.2023 registered for the offences punishable u/s 302/120(B) read with section 34 of the I.P.C. and Section 25(1-b) a/26/35 of the Arms Act.
4. As per the prosecution case, six unknown miscreants boarded on two motorcycles made indiscriminate firing on the vehicle resulting injury to the informant's son, Alok
Patna High Court CR. MISC. No.35349 of 2024(2) dt.04-07-2024 2/3 Kumar. The informant rushed to the hospital, where the informant's son was declared dead.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner was disclosed by the co-accused person. No T.I.P. has been conducted by the prosecution. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 30.04.2024 passed in Cr. Misc. No. 30247 of 2024. There is nothing on record except confessional statement of the co-accused which has no evidentiary value. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.11.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the
Patna High Court CR. MISC. No.35349 of 2024(2) dt.04-07-2024 3/3 like amount each to the satisfaction of learned Court concerned, Patna, in connection with Rupaspur P.S. Case No. 913 of 2023, with a condition/s:- (i). 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 bond of the petitioner is liable to cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T