Vijay Kumar @ Vijay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19073 of 2017 Arising Out of PS.Case No. -131 Year- 2014 Thana -BEUR District- PATNA ====================================================== Vijay Kumar @ Vijay Kumar Yadav, Son of Krishna Rai @ Krishna Singh, Resident of Village Makhdumpur, P.O. + P.S.- Beur, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pranav Kumar, Advocate. For the Opposite Party/s : Mr. Kumar Virendra Narayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Beur P.S. Case No. 131 of 2014 instituted for the offence under Sections 341, 342, 384, 386, 109,114, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that he has voluntarily surrendered in the court below on 8.3.2016 and he is in custody since then.

The report was called for from the trial court about the latest stage of the trial which has been received. The court below has mentioned in the report that charge has not been framed in the case till date.

The counsel for the petitioner has submitted that only one firearm injury was found on the person of the deceased in the post

Patna High Court Cr.Misc. No.19073 of 2017 (4) dt.23-06-2017 2/2 mortem report which is attributed to co-accused Chandan Kumar. As per written report co-accused Chandan Kumar is alleged to have caused fire-arm injury to the son of the informant (since deceased) in the chest and thereafter Vijay Kumar @ Vijay Kumar Yadav (petitioner) fired from his pistol on the back of the son of the informant.

Case diary has been received.

The post mortem report has been enclosed as Annexure-2 and the same is also available in the case diary. The learned A.P.P. has stated that doctor has found during post mortem only one entry wound and one exit wound of firearm in the chest of the deceased.

In such circumstances, prayer for bail of the petitioner 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 learned Additional District & Sessions Judge-II, Patna, in connection with Beur P.S. Case No. 131 of 2014 in Trial No. 534A of 2015, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T