Vicky @ Shahbaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62470 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Vicky @ Shahbaj S/O Late Mahmad Chand @ Chand Miya R/O Marwari Mohalla, P.S-Gopalganj Town, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv.

Mr.Arvind Kumar Mr.Gaurav Prakash For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

17-11-2021 Heard learned counsel for the parties.

Earlier, the bail petitioner of petitioner was rejected, vide order dated 18.03.2021 passed in Cr.Misc. No. 4106 of 2021 (Annexure - 1).

It is submitted on behalf of the petitioner that similarly situated co-accused Raza Ali, who was also alleged to have stabbed the deceased with knife on his back, has already been granted bail by a coordinate Bench of this Court, vide order dated 27.08.2021 passed in Cr.Misc. No. 13029 of 2021 (Annexure 3) on the ground that post-mortem report does not support the allegation and no injury has been found on the back of the deceased. From perusal of F.I.R., it is apparent that petitioner and co-accused Raza Ali inflicted knife on the back of deceased. Petitioner is in custody since 08.03.2020.

Patna High Court CR. MISC. No.62470 of 2021(2) dt.17-11-2021 2/2 Considering the period of custody and the fact that coaccused Raza Ali, having similar allegation, has been granted bail, 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 Additional Sessions Judge - IV, Gopalganj in connection with Gopalganj P.S. Case No. 139 of 2020.

(Prabhat Kumar Singh, J.) anay U T