Vishwajeet Kumar @ Vishu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52712 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Vishwajeet Kumar @ Vishu Son of Prahlad Singh Resident of Village- Parsa, P.S.- Naubatpur, District- Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiw Kumar Prabhakar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Naubatpur PS case no. 206 of 2019 instituted for the offences punishable under Sections 320, 120B/34 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding the co-accused person namely Pappu Singh having fired on the wife of the informant resulting in her death. The other co-accused persons including the petitioner are said to have been part of the conspiracy hatched by the said co-accused Pappu Singh in killing the wife of the informant.

The learned counsel for the petitioner submits that there is no specific allegation as against the petitioner

Patna High Court CR. MISC. No.52712 of 2019(4) dt.16-11-2019 2/2 herein of any sort of overt act and infact, the petitioner was also not present at the place of occurrence. It is further submitted that the petitioner has been falsely implicated in the present case merely on suspicion and is having a fair antecedent except one case in which, he is on bail. It is further submitted that the petitioner is languishing in custody since 01.06.2019. Lastly, it is submitted that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 24.09.2019 passed in Cr. Misc. no. 43408 of 2019.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Danapur in connection with Naubatpur PS case no. 206 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T