Vikky Chaudhary @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50765 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- SISWAN District- Siwan ====================================================== Vikky Chaudhary @ Vivek Kumar Son of Mangal Chaudhary Resident of Village- Chandpur, Ps- Siswan, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Siswan P.S. Case No. 179 of 2022 dated 22.07.2022 registered for the offence punishable u/s 302/ 120 (B), 34 of the Indian Penal Code and 27 of Arms Act.

4. As per the prosecution case, four unknown miscreants boarded on two motorcycles came and fired on the son of the informant as a result of which he sustained injury on his head and neck and he succumbed to the injuries. They also fired on the informant's nephew but he was saved.

Patna High Court CR. MISC. No.50765 of 2023(2) dt.17-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of the investigation. The petitioner is accused in one more case as stated in para 3 of the bail petition. The petitioner is in custody since 21.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. The petitioner in his confessional statement has stated the modus operandi as to how the occurrence took place with the association of the co-accused persons.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with Siswan P.S. Case No. 179 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T