Vikash Kumar Rai @ Vikash Rai @ Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.31591 of 2015 (03) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31591 of 2015 Arising Out of PS.Case No. -115 Year- 2014 Thana -SAHAR District- BHOJPUR ====================================================== Vikash Kumar Rai @ Vikash Rai @ Vikash Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar-Advocate For the Opposite Party/s : Mr. Binod Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Informant, Renu Devi, who happens to be wife of deceased Rameshwar Kumar gave her fard-bayan on 18.07.2014 alleging inter alia that her Pattidars, with whom she was carrying animosity in the background of land dispute, came on 17.07.2014, took her husband on the pretext of receiving sale proceed and then thereafter, she came to know that Munna Kumar and his cousin (Mausera) brother Umakant Roy accompanied her husband and had shot at.

Petitioner is not named in the F.I.R. and his name subsequently transpired to be one of the associates. However, Umakant Roy had already been granted bail vide Criminal Miscellaneous No.7006 of 2015. Another crucial aspect is evident

Patna High Court Cr.Misc. No.31591 of 2015 (03) dt.14-10-2015 from Para-33 as well as 34 wherefrom it is evident that firing was made by Munna Kumar which caused, apart from deceased, firearm injury to the petitioner also, but the I.O. did not investigate on that very score whether petitioner had sustained firearm injury or not.

Accordingly, petitioner, Vikash Kumar Rai @ Vikash Rai @ Vikash Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Mr. Nisahit Dayal, Judicial Magistrate, 1st Class, Bhojpur at Ara/ successor in office in connection with Sahar P. S. Case no.115 of 2014. (Aditya Kumar Trivedi, J) Vikash/- U T