Vivek Kumar Mehta @ Vivek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49405 of 2022 Arising Out of PS. Case No.-59 Year-2022 Thana- JADIA District- Supaul ====================================================== Vivek Kumar Mehta @ Vivek Kumar S/O Harishankar Mehta R/VTamkulaha Ward No. 16, P.S- Jadia, Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Singh For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.
Allegation against the petitioner is that he along with other co-accused persons assaulted to the informant's husband due to which he sustained injury and during course of treatment he died.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para 3 of the petition that the petitioner has got no criminal antecedent. The allegation against the petitioner is that
Patna High Court CR. MISC. No.49405 of 2022(3) dt.11-01-2023 2/2 he assaulted to the deceased on the head by spade from back side but as per the Postmortem report, is apparent that the deceased sustained abrasion over the left chest lower lobe and swelling over occipital region and the cause of his death attributed Cardio-respiratory failure. The petitioner is languishing in judicial custody since 8.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
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. The above named petitioner is directed to be released on bail in connection with Jadia P.S. Case No. 59 of 2022 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. Vth, Supaul. (Sunil Kumar Panwar, J) amandeep/- U T