Vikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61438 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== VIKKU KUMAR son of Jaleshwar Sahni Village- Bahiwara Govind Lakshmipur Ps- Saraiya Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agarwal, Senior Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Saraiya P.S. Case No.178 of 2023 registered for the offence under Sections 304, 307, 414/34 of the Indian Penal Code. 3.

Allegation against the petitioner is to have cause death of a constable, namely, Mahesh Yadav. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that petitioner is a daily wager and driver of the said vehicle. It is submitted that ingredient of Section 307, 307, 414/34 of the IPC and Section 3 of the Prevention of Damage to the Public Property Act is not

Patna High Court CR. MISC. No.61438 of 2023(8) dt.04-04-2024 2/2 made out against this petitioner. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 26.03.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the submissions, as made above, as it appears from perusal of FIR, case diary, postmortem report and impugned order that there is specific allegation against this petitioner and as per report submitted by learned trial court, six month's time is required to conclude the trial of this case, this Court is not inclined to grant bail to the petitioner. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

However, learned Trial Court is directed to conclude the trial of this case within a period of six months and this petitioner shall co-operate in trial of the case and if the trial could not be completed within a period of six month, then the petitioner may renew his prayer for bail before the learned trial court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T