Patna High CourtCR. MISC./51320/2024bail granted

Vikash Kumar Patwa @ Vikash Patwa v. The State Of Bihar

2024-10-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51320 of 2024 Arising Out of PS. Case No.-300 Year-2022 Thana- MAHARAJGANJ District- Siwan ====================================================== VIKASH KUMAR PATWA @ VIKASH PATWA SON OF KANHAIYA LAL PATWA @ KANHAIYA PATWA RESIDENT OF PURANI BAZAR, MAHARAJGANJ, POLICE STATION - MAHARAJGANJ, DISTRICT - SIWAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Sections 341, 323, 324, 307, 326, 302, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons including this petitioner abused and assaulted three brothers of the informant by means of sword, due to which, they sustained injuries and while taking to the hospital, one of the brother died.

4. Learned counsel for the petitioner submits that allegation of assault is general and omnibus against all the five accused persons including this petitioner and no specific overt

Patna High Court CR. MISC. No.51320 of 2024(4) dt.25-10-2024 2/2 act has been alleged against this petitioner. Learned counsel for the petitioner further submits that during course of investigation, wife of deceased has deposed that this petitioner was ordergiver. Similar statement has been made by the informant. Petitioner has got clean antecedent and is in custody since 08.11.2023. Chargesheet has been submitted.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition.

6. Considering the fact that petitioner was only alleged to be order-giver and has remained in custody for about one year, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Siwan in connection with Maharajganj P.S. Case No. 300 of 2022.

(Prabhat Kumar Singh, J) anay U T