Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42693 of 2022 Arising Out of PS. Case No.-106 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== VICKY KUMAR Son of Shyam Sundar Yadav Resident of Mohalla - Postal Park, P.S.- Jakkanpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Munni Kumar Moon, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for grant of bail in a case registered under sections 326 and 307 of the Indian Penal Code to which section 302 of the Indian Penal Code was added subsequently.

The earlier application for bail of the petitioner was rejected vide order dated 20.9.2021 passed in Cr. Misc. no.17437 of 2021.

As per the prosecution case, the petitioner is said to have assaulted the brother-in-law of the informant with a brick. It is submitted by learned counsel for the petitioner that admittedly the informant is not an eye witness to the occurrence. Further from the allegations in the F.I.R. it appears that the fight

Patna High Court CR. MISC. No.42693 of 2022(3) dt.02-11-2022 2/2 was probably as a result of drunken brawl. The petitioner is not said to be armed with any weapon and is in custody since 12.2.2019. He undertakes to cooperate in the trial. A report was called for from the learned trial Court. As per the report received contained in letter dated 14.10.2022, no witness has been examined in course of the trial. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody since 12.2.2019, the petitioner is directed to be enlarged on bail in connection with Ram Krishna Nagar P.S. Case no. 106 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XVIII, Patna on the following conditions:

(1) The petitioner shall remain physically present in the trial Court on each date of the trial and shall cooperate in the trial.

(2) One of the bailors of the petitioner shall be his father/close relative.

Bibhash (Partha Sarthy, J) U