Vikash Kumar @ Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51415 of 2022 Arising Out of PS. Case No.-580 Year-2021 Thana- AMARPUR District- Banka ====================================================== Vikash Kumar @ Kundan Singh Son Of Vijay Singh R/V- Bhaluwar, P.SAmarpur, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-12-2022 The matter has been taken-up through video conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 302/392 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, the present case has been lodged against 3 unknown miscreants, against whom allegation of firing on the informant's friend is there. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51415 of 2022(2) dt.09-12-2022 2/3 petitioner is innocent and has been falsely implicated in this case. It is submitted that the name of the petitioner has been transpired in this case on the basis of confessional statement of a co-accused Ujjwal Kumar Singh. It is submitted that one coaccused, namely, Mithun Yadav son of Gopal Yadav have been granted bail by a Co-ordinate Bench of this Court vide order dated 04.11.2022 passed in Criminal Miscellaneous No. 47250 of 2022. No any incriminating articles has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner was not put on Test Identification Parade (T.I.P.) though the informant has claimed to identify the accused persons. It has further been submitted that the petitioner and the informant are relatives(gotia). Further, it is submitted that the petitioner is in custody since 28.05.2022, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with

Patna High Court CR. MISC. No.51415 of 2022(2) dt.09-12-2022 3/3 Amarpur P.S. Case No. 580 of 2021.

(Khatim Reza, J) Sankalp/- U T