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Patna High CourtCR. MISC./42869/2022allowed

Vikash Mahto @ Vikash Kumar v. The State Of Bihar

2023-06-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42869 of 2022 Arising Out of PS. Case No.-906 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== VIKASH MAHTO @ VIKASH KUMAR SON OF BIJENDRA MAHTO R/O VILLAGE- IBRAHIM NAGAR, P.S.- ARA TOWN, DISTRICTBHOJPUR (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74588 of 2022 Arising Out of PS. Case No.-906 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== SANTOSH KUMAR @ SANTOSH CHAUDHARY SON OF JOGI CHAUDHARY R/O VILLAGE- DHARHARA, P.S.- ARA TOWN, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 42869 of 2022) For the Petitioner/s :

Mr. Mrigendra Kumar,Adv.

Mr. Anil Kumar, Mr. Asash Kumar Mishra For the Opposite Party/s :

Mr.Rajendra Singh (In CRIMINAL MISCELLANEOUS No. 74588 of 2022) For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.42869 of 2022(10) dt.28-06-2023 2/3 As per allegation in the FIR, two unknown miscreants have killed the father of the informant by giving him three shots at his chest, stomach and left shoulder while he was returning from his shop along with his wife and informant. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. FIR is against two unknown. Only on the basis of suspicion, their names have been dragged in the present case. No specific allegation of firing is against the petitioners. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 14.11.2022 passed in Cr. Misc. No. 26516 of 2022. Petitioners are languishing in judicial custody since 31.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.42869 of 2022(10) dt.28-06-2023 3/3 CJM, Bhojpur at Ara/concerned court in connection with Ara Nagar P.S. Case No. 906 of 2021.

(Sunil Kumar Panwar, J) sushma/- U