Vikash Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35455 of 2020 Arising Out of PS. Case No.-306 Year-2020 Thana- DANAPUR District- Patna ====================================================== VIKASH KUMAR UPADHYAY Son of Raj Kishore Upadhyay @ Raj Kishor Upadhyay R/o Anand Bazar, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Ghanshyam Tiwary, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Danapur PS Case No. 306/2020 registered for the offence punishable under Sections 302 of the IPC and Section 27 of the Arms Act.

3. The allegation, as per First Informant Report, is that one Ravi Kumar @ Katori fired upon the brother of the informant near his head, due to which, he died.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has got no criminal antecedents. Learned counsel further submits that from perusal of the FIR, it would be evident that the specific allegation of firing is upon the co-accused, Ravi Kumar @ Katori and the name of the petitioner has transpired on the basis of the confessional statement made by the said co-accused, that it was the petitioner who gave arms to the co-

Patna High Court CR. MISC. No.35455 of 2020(3) dt.02-02-2021 2/2 accused, Ravi Kumar @ Katori. Learned counsel next submits that apart from confessional statement of the co-accused, there is no material against the petitioner to connect him in the present case.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is not named in the FIR and his name has transpired on the basis of confessional statement of the main assailant, Ravi Kumar @ Katori, I am inclined to granted regular bail to the petitioner.

6. Accordingly, let the petitioner, VIKASH KUMAR UPADHYAY 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 learned Additional Chief Judicial Magistrate-1, Danapur, Patna in connection with Danapur PS Case No. 306/2020.

7. Needless to say that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing. (Anil Kumar Sinha, J) perwez U T