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Patna High CourtCR. MISC./22703/2018bail granted

Vikash Kumar @ Vicky Singh @ Vicky Kumar And ANR v. The State Of Bihar

2018-06-11Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22703 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- BARH District- Patna

1. Vikash Kumar @ Vicky Singh @ Vicky Kumar, Son of Janardan Prasad Singh @ Sevak Singh.

2. Bina Saw @ Veena Saw, Son of Late Shauki Saw, Both Resident of Village-Nauranga Jalalpur, P.S. Maranchi (Pachmahla O.P.) District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmod Kumar, Advocate.

For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-06-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Barh P.S. Case No. 260 of 2017 registered under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that when the informant, Barkun Mahto, along with Guddu Singh and others were returning after production in the court of Additional Sessions Judge-II, Barh, then on seeing Guddu Singh, 4 to 5 persons started firing, in

Patna High Court Cr.Misc. No.22703 of 2018(3) dt.11-06-2018 2/3 which, he along with Guddu Snigh sustained injury. At that time, Guddu Singh disclosed that Sonu and Monu of village Jalalpur have opened fire. Thereafter, both injured were rushed for treatment, where Guddu Singh of village Jalapur was declared dead.

Learned counsel for the petitioners submits that petitioners are not named in the F.I.R, but later on, Madhvi Devi, mother of the deceased, Guddu Singh, submitted an application to the effect that Rajesh Singh and these petitioners were also indulged in making firing, except that there is nothing against the petitioner showing involvement in the present case. Further submission is that petitioners have no criminal antecedent and co-accused, Rajesh Kumar, has already been granted privilege of pre-arrest bail by a Bench of this Court vide order dated 28.03.2018 passed in Criminal Misc. No. 10143 of 2018.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial

Patna High Court Cr.Misc. No.22703 of 2018(3) dt.11-06-2018 3/3 Magistrate, Barh, Patna, in connection with Barh P.S. Case No. 260 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T