Patna High CourtCR. MISC./49369/2019bail granted

Bikash Kumar @ Vicky Patel v. The State Of Bihar

2019-09-27Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49369 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== BIKASH KUMAR @ VICKY PATEL Son of Sunil Choudhary Resident of Village-Dawanpur, P.S.-Sasaram Muffasil, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.D.K.Sinha, Sr. Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-09-2019 Heard learned senior counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks bail in Sasaram (Muff) P. S. Case No. 136 of 2019 instituted for the offence under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that from the First Information Report as well as the counter version (Annexure -2) lodged two days after the instant First Information Report, it is apparent that there was a scuffle in a marriage party. On account of some misbehaviour with the sister of one of the co -accused persons the occurrence has taken place. One of the co-accused persons

Patna High Court CR. MISC. No.49369 of 2019(3) dt.27-09-2019 2/3 of the instant case has been allowed bail by order dated 30.08.2019 passed in Cr. Misc. No. 53297 of 2019. The gun shot injury, as per allegation, is attributed to co-accused Rakesh Kumar. The petitioner has falsely been implicated in this case. Counsel for the petitioner further highlights that investigation is complete.

4. The petitioner has no criminal antecedents and he is in custody in connection with this case since 29.04.2019.

5. Learned APP for the State opposed the prayer for bail.

6. Having considered the rival submissions of the parties, prayer for bail is allowed. Let the petitioner, above named, 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 the Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (Muff) P. S. Case No. 136 of 2019 , subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.49369 of 2019(3) dt.27-09-2019 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T