Vivek Kumar @ Bibek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35575 of 2022 Arising Out of PS. Case No.-71 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== VIVEK KUMAR @ BIBEK KUMAR S/O GOVIND PRASAD SINGH @ GOBIND PRASAD SINGH RESIDENT OF VILLAGE-DAYALPUR TARA, P.S.- RAJAPAKAR, DISTRICT- VAISHALI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 394 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the informant states that he received information about unknown accused persons shooting and killing his father who was carrying ornaments from the shop to the house. The ornaments were stolen. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. From perusal of the case diary as also the order of the learned trial Court rejecting the prayer for bail of the petitioner it would transpire that the prosecution is mainly relying on the confessional statement of the petitioner made before police. The petitioner

Patna High Court CR. MISC. No.35575 of 2022(3) dt.17-01-2023 2/2 was remanded in the instant case on 2.7.2021. No incriminating article has been recovered from the petitioner's possession. Charge sheet was submitted in the case without putting the petitioner on T.I. Parade.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired in course of investigation, the petitioner being in custody since 2.7.2021 and charge sheet having been submitted in the case without putting the petitioner on T.I. Parade, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 492 of 2021 (arising out of Vaishali P.S. Case no. 71 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Vaishali at Hajipur.

(Partha Sarthy, J) Prakash/- U