Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30208 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -HISUA District- NAWADA ====================================================== Vipin Kumar, Son of Tulsi Prasad Yadav, Resident of Village - Bala Bigha, P.S.- Hisua, District - Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Syed Asgher Najmi, Advocate.

For the Opposite Party : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and under Sections 3(2)(iv) and 3(2)(v) of the SC/ST Act.

The petitioner is not named in the FIR. The son of the deceased is the informant and he named 15 persons. During the course of investigation, the name of the petitioner surfaced in the case.

Submission is that the witnesses have only stated that the petitioner was also found going towards the country made liquor shop of the deceased and he was returning after taking toddy. Nobody has seen the petitioner assaulting the deceased. The son of the informant claimed to be the eye witness of the

Patna High Court Cr.Misc. No.30208 of 2015 (2) dt.12-08-2015 2/2 occurrence, but he did not disclose the name of the petitioner as one of the assailants of the deceased.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in Hisua P.S. Case No. 14 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T