Vinay Kumar Vinayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48035 of 2018 Arising Out of PS.Case No. -480 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ======================================================

1. Vinay Kumar Vinayak, Son of Late Narain Singh, Resident of VillageKachhiyana, Police Station- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Shanker Prasad For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-09-2018 The petitioner seeks regular bail in connection with Lakhisarai P.S. Case No. 480 of 2017, registered for offences punishable under Sections 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per F.I.R that the informant heard the sound of firing and, thereafter, he came out from the house and found his father in an injured condition and also saw the petitioner and other accused persons fleeing away from the place of occurrence. It has been submitted on behalf of the petitioner that it is alleged that petitioner along with one Sridevi was seen fleeing away from the place of occurrence, however, Sridevi is aunt of the informant and there is land dispute between the said Sridevi and the informant and further the petitioner has been made accused in

Patna High Court Cr.Misc. No.48035 of 2018 (3) dt.27-09-2018 2/3 this case only because he was the witness in a case earlier filed by the Sridevi against the informant and petitioner has no role to play in the death of father of informant. Further petitioner has no criminal antecedent and has been in judicial custody since 16.01.2018.

Learned counsel for the State and learned counsel for the informant opposed the prayer for bail on the ground that the petitioner and others were seen fleeing away from the place of occurrence and there was enmity from before.

Considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 480 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal

Patna High Court Cr.Misc. No.48035 of 2018 (3) dt.27-09-2018 3/3 of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T