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Patna High CourtCR. MISC./50113/2023bail granted

Aniket Kumar @ Vikash Kumar v. The State Of Bihar

2023-08-11Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50113 of 2023 Arising Out of PS. Case No.-112 Year-2023 Thana- MAHUA District- Vaishali ====================================================== 1.

Aniket Kumar @ Vikash Kumar Son Of Vijay Patel Resident Of Village - Kanhauli Shlesh Asthan, P.S.- Mahua, District - Vaishali At Hajipur. 2.

Abhishek Patel @ Akash Kumar Son Of Sanjay Patel Resident Of Village - Kanhauli Shlesh Asthan, P.S.- Mahua, District - Vaishali At Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2023 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per F.I.R., while the father of the informant was returning home, he was shot dead by some accused persons near Khel Maidan.

4. Name of the petitioners conspired during course of investigation on the basis of confessional statement of coaccused Sonu Kumar and Rajeev Kumar, who stated that these petitioners were in the company of co-accused Nikhil Kumar, who is said to have fired, whereas there is no allegation of any

Patna High Court CR. MISC. No.50113 of 2023(2) dt.11-08-2023 2/2 overt act against these petitioners. Save and except confessional statement, there is no direct/indirect material against these petitioners to show complicity in the alleged crime. Petitioners have clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No. 112 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Anay/- U T