Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54476 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== VIKASH KUMAR S/O SUDAMA KEWAT R/o village- Chunukpur, P.S.- Ghosi, Distt.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Ghosi PS Case No. 313 / 2020 registered for the offence under Section 302 / 34 of the I.P.C.

Allegation in nutshell is that the son of the informant, who was mentally retarded entered into the house of one Sudama Kewat where petitioner along with other accused persons assaulted him with lathi, danda etc. calling him as thief. Learned counsel for the petitioner submits that from perusal of the First Information Report it would be evident that the son of the informant left his house at about 9.00 P.M. in the night and the occurrence has taken place at about 12.15 Hours. He next submits that allegation against the petitioner and others is general and omnibus in nature and the co-accused / Kunal Kewat, Shailesh Kumar, Ravis Kumar have been granted bail by different Co-ordinate Benches of this Court and Ravis Kumar is the brother of the petitioner. Petitioner is a student, he is in custody since 27/07/2020 having no criminal antecedent.

Patna High Court CR. MISC. No.54476 of 2021(2) dt.17-05-2022 2/2 Regard being had to the submissions made by the parties, taking into consideration the fact that similarly situated co-accused persons have been granted bail, petitioner is in custody since 27-07-2020 having no criminal antecedent and he is a student, as such, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jehanabad in connection with Ghosi PS Case No. 313 / 2020 on the following condition:- (a) That one of the bailors shall be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor shall also undertake to inform the Court if there is any change in the address of the petitioner.

(b) That the petitioner shall be well represented on each date and if he fails to do so on two consecutive dates, his bail bond shall liable to be cancelled.

(Anil Kumar Sinha, J) praful/- U T