Patna High CourtCR. MISC./43428/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43428 of 2023 Arising Out of PS. Case No.-496 Year-2022 Thana- DELHA District- Gaya ====================================================== Vikash Kumar, Son Of Late Suresh Sao, New Godown, Sabji Mandi, PsKotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Delha P.S. Case No. 496 of 2022 dated 25.12.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 326, 307, 379, 504, 506 of the Indian Penal Code and u/s 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have fired several shots on the informant and his friends and also committed dacoity on the point of gun.

Patna High Court CR. MISC. No.43428 of 2023(2) dt.27-07-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. No T.I.P. has been conducted by the prosecution. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 25.05.2023 passed in Cr. Misc. No. 29121 of 2023. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Delha P.S. Case No. 496 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T