Vijay Singh @ Vijay Kumar Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32748 of 2020 Arising Out of PS. Case No.-5 Year-2020 Thana- KHANPURA District- Samastipur ====================================================== Vijay Singh @ Vijay Kumar Raj aged about 24 years (Male), S/o Mahendra Singh, R/o Village- Charo, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Rakesh For the Opposite Party/s :
Mr. Kundan Kumar Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-01-2021 Heard Mr. Amit Kumar Rakesh, learned counsel for the petitioner, Mr. Kundan Kumar, learned counsel for the informant and Mr. Nagendra Prasad, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with Khanpur P.S. Case No. 05 of 2020 registered for the offence under Section 120 (B), 302 / 34 of the I.P.C. The allegation as per the First Information Report is that the husband of the informant had gone to attend a feast in the village and did not return and upon enquiry his dead body was found wrapped in a plastic having multiple injuries. The informant has further alleged that on 16.01.2020 Vijay Singh i.e. the petitioner had threatened that he would kill the husband of the informant i.e. the deceased.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politics and he has been dragged in this case on the basis of
Patna High Court CR. MISC. No.32748 of 2020(3) dt.15-01-2021 2/3 suspicion only. Learned counsel further submits that during the course of investigation no material has come against the petitioner to connect him with the present offence except statement of three witnesses, who have said that the petitioner had threatened the deceased. Learned counsel next submits that petitioner is in custody since 06.03.2020.
On the other hand, learned counsel for the State as well as informant vehemently opposed the prayer for bail and submits that threatening was meted out to the deceased by the petitioner and others and within close proximity the dead body of the deceased was found. Learned counsel thus submits that there is strong suspicion of involvement of the petitioner in the present offence.
Having heard learned counsel for the parties and taking into consideration the materials available on record, I am inclined to grant regular bail to the petitioner upon completion of one year in custody.
Accordingly, let the petitioner, above named, be released on regular bail upon completion of one year in custody on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur / court
Patna High Court CR. MISC. No.32748 of 2020(3) dt.15-01-2021 3/3 concerned in connection with Khanpur P.S. Case No. 05 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T