Vivek Kumar @ Annu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56591 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Vivek Kumar @ Annu Son Of Mohan Kumar Manglam Resident Of VillSahugardh, Ps- Madhepura, Dist- Madhepura .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Sections 25(1-B) a, 26, 27, 35 of the Arms Act.

It is alleged that six unknown criminals shot dead an under-trial prisoner while he was taken to the Court of A.C.J.M, Saharsa for presentation from Court's Hajat.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.56591 of 2023(3) dt.29-11-2023 2/2 in the F.I.R. Nothing incriminating material was recovered from the conscious possession of the petitioner. The petitioner was neither identified in the CCTV footage nor was identified by anyone present on the spot. The petitioner is languishing in custody since 03.04.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 206 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T