Vivek Kumar Bibhakar @ Vivek Kumar Vibhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54068 of 2024 Arising Out of PS. Case No.-37 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Vivek Kumar Bibhakar @ Vivek Kumar Vibhakar S/O Indradev Kumar Anand @ Indradeo Kumar Anand R/O Vill- Mogalpura, P.S- Laherisarai, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 37 of 2022 registered for the offence punishable under Sections 302, 307, 325 and 120(B) of the Indian Penal Code.

3. Earlier the prayer for bail of the petitioner was rejected vide Cr. Misc. No. 61268 of 2022 on 02.12.2023.

4. The petitioner is an accused of pushing two children from the roof of the house due to which one child died.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed the alleged act in his sound mind. The petitioner is in custody since 04.02.2022. All the private witnesses except the official witnesses have been examined but the trial is not proceeding since April, 2024.

6. Documents have been annexed with the bail

Patna High Court CR. MISC. No. 54068 of 2024(3) dt.25-09-2024 2/2 application in support of the fact that the petitioner is suffering from mental ailment and he needs proper treatment which he is not getting because he is in judicial custody.

7. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

8. Considering the period of custody, the delay in trial and the mental ailment of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-IV, Patna City in connection with Bahadurpur P.S. Case No. 37 of 2022 subject to the condition that the petitioner shall co-operate in the trial. He shall be represented through his lawyer or he will appear personally in the trial court on the date fixed. In case, he is admitted in hospital for treatment, he shall appear virtually on the date fixed in the trial. (Sandeep Kumar, J) kiran/- U T