Vijay Kumar @ Vijay Mahton v. The State Of Bihar

Patna High Court Cr.Misc. No.46388 of 2015 (4) dt.04-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46388 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Vijay Kumar @ Vijay Mahton S/O Kailash Mahton, R/o Vill.- Patelia Dera, Kumbhi, P.S.- Cheriya Bariyarpur, Dist.- Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajkumar Rajesh, Advocate For the Opposite Party : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bariyapur P.S. Case No. 118 of 2014 for the offences instituted under Sections 302/34 of the Indian Penal Code. As per prosecution case, it is a case of murder of informant's son by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Specific allegation of firing upon the deceased is against one Nagmani Mahto. Petitioner is not named in the FIR. Subsequently, the name of the petitioner has come on the basis of a confessional statement of a co-accused. Informant is not an eye witness to the alleged occurrence but still

Patna High Court Cr.Misc. No.46388 of 2015 (4) dt.04-02-2016 he has not named the petitioner.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR but his name has come in course of the investigation.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bariyarpur P.S. Case No. 118 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T