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Patna High CourtCR. MISC./48599/2023allowed

Vikram Rai @ Vikram Kumar v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48599 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- MAHINDWARA District- Sitamarhi ====================================================== Vikram Rai @ Vikram Kumar Son Of Late Mahendra Rai Resident Of Village- Kharhua, Ps- Mahindwara, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 302, 504/34 of the Indian Penal Code.

It is a case of commission of murder to the informant's father due to land dispute. On the order of Uma Shankar Rai, several accused persons including the petitioner assaulted the informant as a result of which he died on spot. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. No specific allegation of assault is attributed to the petitioner. General and omnibus allegation of assault has been attributed against the petitioner. Postmortem report is not in

Patna High Court CR. MISC. No.48599 of 2023(3) dt.05-09-2023 2/2 consonance with the prosecution case as cause of death was hemorrhage and shock leading to cardiac failure. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 18.5.2023.

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 petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi in connection with Mahindwara P.S. Case No. 71 of 2023.

(Sunil Kumar Panwar, J) lata/- U