Patna High CourtCR. MISC./59343/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59343 of 2024 Arising Out of PS. Case No.-422 Year-2022 Thana- FATUA District- Patna ====================================================== Vikash Kumar S/o- Late Yogendra Prasad @ Late Bagru Yadav R/o- Nohta Mirzapur Nohta Ps- Fatua Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kritu Verma, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Fatua P.S. Case no. 422 of 2022 registered under sections 363, 365 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his son was taken by the petitioner, Santosh Kumar, Raushan Kumar and Rajnish Kumar and thereafter did not return. On contacting the petitioner on telephone, the informant states that he was told that he would get to talk to his son soon. Thereafter on making further attempts, the phone number of the petitioner was found to be switched off. His son did not return. As such the informant states that he apprehends that some untoward incident has occurred for the reason that on an earlier occasion when there was a fight with Roshan Kumar, he had threatened the informant.

Patna High Court CR. MISC. No.59343 of 2024(2) dt.13-09-2024 2/2

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 5.3.2024 (Annexure-1) passed in Cr. Misc. no. 72131 of 2023 giving liberty to the petitioner to renew his prayer for bail on completing one year in custody. The petitioner has remained in custody for more than 1 year since 7.8.2023 and undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the liberty granted in the earlier order of rejection dated 5.3.2024 and the petitioner having remained in custody for more than 1 year since 7.8.2023, the petitioner is directed to be enlarged on bail in connection with Fatua P.S. Case no. 422 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Patna City, Patna.

(Partha Sarthy, J) Harsh/- U T