Patna High CourtCR. MISC./59685/2023bail granted

Vishal Kumar v. The State Of Bihar

2023-11-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59685 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- BELSAND District- Sitamarhi ====================================================== VISHAL KUMAR S/o Bharat Mandal R/o Village-Maheshpur Bhandari Ward No. 14, P.S.-Belsand, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant.

2. The petitioner is in custody since 06.05.2023 in connection with Belsand P.S. Case No. 69/2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. As per the prosecution case, the son of the informant was dragged by the motorcycle and killed.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits general and omnibus allegations have been levelled against the petitioner and other co-accused persons. He next submits that similarly situated co-accused persons, namely,

Patna High Court CR. MISC. No.59685 of 2023(3) dt.08-11-2023 2/2 Nathuni Das, Ashok Das and Vishal Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Misc. No. 52804 of 2023.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail and has submitted that the postmortem report corroborates the crime in question.

6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail after framing of charge, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi in connection with Belsand P.S. Case No. 69/2023. (Sandeep Kumar, J) Saif/- U T