Vikas Rai @ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48828 of 2023 Arising Out of PS. Case No.-130 Year-2018 Thana- DIGHA District- Patna ====================================================== VIKAS RAI @ VIKAS KUMAR SON OF NAKAT GOP @ RAJESH RAI @ RAJESH GOP RESIDENT OF VILLAGE- DIGHA, P.S DIGHA, DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2023 Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Sessions Trial no. 1420 of 2022 (arising out of Digha P.S. Case no. 130 of 2018) registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the four named accused persons including the petitioner herein as also one Sunny Rai and four unknown accused persons are said to have resorted to firing as a result of which the father of the informant was seriously injured. He was taken to the hospital where he was declared dead.

4. It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.48828 of 2023(2) dt.26-07-2023 2/2 order dated 9.1.2023 passed in Cr. Misc. no. 19664 of 2022 giving liberty to the petitioner to renew his prayer for bail on framing of charge or after six months, whichever is later. It is submitted that charge has been framed on 14.6.2023 and the petitioner has remained in custody for more than six months since the last order of rejection on 9.1.2023. He is in custody since 9.3.2021.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the petitioner having remained in custody for more than 2 year 5 months since 9.3.2021, liberty granted vide the earlier order of rejection dated 9.1.2023 and charge having been framed against the petitioner in the learned trial Court on 14.6.2023, the Court directs the petitioner, to be enlarged on bail in connection with Sessions Trial no. 1420 of 2022 (arising out of Digha P.S. Case no. 130 of 2018) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XX IX, Patna. (Partha Sarthy, J) Prakash/- U