Vikash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61318 of 2021 Arising Out of PS. Case No.-388 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== VIKASH THAKUR S/o UGAM THAKUR R/o VILLAGE-JOKAHA, P.SMANUAPUL, DISTRICT-WEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, this petitioner is alleged to have inflicted knife blow on the back of the informant. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and has been falsely implicated in this case due to previous animosity. It is further submitted that F.I.R. has been lodged after a lapse of four days of date of occurrence and there is no plausible explanation of delay. As per injury report, only two stab injuries have been found on the back of informant and none of them have been found to be grievous in nature, rather they are only stated to be dangerous to life and petitioner is in custody since 28.08.2021.

Patna High Court CR. MISC. No.61318 of 2021(3) dt.04-04-2022 2/2 However, learned A.P.P. for the State has opposed the bail petition and submitted that there is direct and specific allegation against this petitioner of inflicting knife blow and injury has been found to be dangerous to life. Considering the delayed lodging of the F.I.R. and the period of custody, the bail petition of petitioner is allowed. 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 388 of 2021.

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