Vikash Kumar @ Vikash Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34184 of 2020 Arising Out of PS. Case No.-293 Year-2019 Thana- GORAUL District- Vaishali ====================================================== VIKASH KUMAR @ VIKASH JHA Son of Jhapasi Jha Resident of VillageP.S.- Goraul, District- Vaishali at Hajipur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-03-2021 Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case, in short, is that on 20.08.2019 when the informant was at his home, a child came there and informed that someone has shot his father, namely, Dr. Yunus near Railway Gumti. The informant reached there and found his father lying seriously injured inside the vehicle and blood oozing out from his mouth and the informant took his father to the Hospital, but the doctor declared him dead.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.34184 of 2020(2) dt.08-03-2021 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in this case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrene. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1, Vaishali at Hajipur in connection with Goraul P.S. case No.293 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T