Vishal Kumar @ Goni @ Gopi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54580 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== VISHAL KUMAR @ GONI @ GOPI Son of Kaushal Kumar Singh R/VVajalpur @ Bajalpura, P.S- Teghra, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 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 307, 34 of the Indian Penal Code and later on added Sections 302, 212, 115 & 120(B) of I.P.C. and Section 27 of the Arms Act. As per prosecution case, when the informant was going through motorcycle with the deceased namely, Ashok Kumar Yadav, in the meantime, two persons by a motorcycle overtook them and one of them shot fired upon deceased and fled away from there. It is further alleged that informant along with deceased went to hospital for treatment and during course of treatment Ashok Kumar Yadav died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.54580 of 2022(2) dt.16-01-2023 2/2 falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light on the basis of confessional statement of co-accused namely, Gopal Kumar @Golu before the police, which has got no evidentiary value in the eye of law. Nothing incriminating article has been recovered from his conscious possession. Moreover, similarly situated three co-accused persons have already been granted bail by a coordinate bench of this court vide order dated 26.9.2022. It is further submitted that the petitioner is languishing in judicial custody since 2.7.2022.

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 Teghra P.S. Case No. 300 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai. (Sunil Kumar Panwar, J) amandeep/- U T