Vijay Kumar Srivastava @ Vijay Kumar @ Chunnu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50304 of 2021 Arising Out of PS. Case No.-108 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Vijay Kumar Srivastava @ Vijay Kumar @ Chunnu Kumar S/o Sheo Shankar Prasad Srivastava R/o village- Hasuahan, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon For the Opposite Party/s :
Mr.Ganesh Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-11-2021 Heard both parties through video conferencing. The petitioner seeks bail in Harsidhi P.S. Case No. 108 of 2021, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, five FIR named accused persons along with four unknown criminals came at the shop of informant's husband and at the instance of accused Surendra Singh the husband of informant was murdered.
It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Jitendra
Patna High Court CR. MISC. No.50304 of 2021(2) dt.26-11-2021 2/2 Kumar. Petitioner is alleged to be liner. On the identification of the petitioner the main assailants came and murdered the deceased. Petitioner is in custody since 19.04.2021. Considering the facts and circumstances of the case and the fact that petitioner is not the assailant of deceased, 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 Motihari, East Champaran in connection with Harsidhi P.S. Case No. 108 of 2021. (Prabhat Kumar Singh, J) vinita/- U T