Vikash Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60938 of 2023 Arising Out of PS. Case No.-493 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Vikash Kumar @ Abhishek Kumar Son Of Uday Shankar Prasad Singh Village- Chainpur, Ps- Kanti, Dist- Muzaffarpur At Present Village- Daudpur, Ps- Paroo, Dist- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120(B) and 201 of the Indian Penal Code.

The prosecution case in short is that the brother of the informant went along with the accused persons in the night and did not return and later on his dead body was recovered. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. No one is the eye witness of the alleged occurrence. At best, it is a case of last seen. Only on the basis of suspicion, the name of the petitioner dragged in the present case.

Patna High Court CR. MISC. No.60938 of 2023(2) dt.15-09-2023 2/2 Petitioner remanded in this case from Sadar P.S. Case No. 423 of 2021 on 9.6.2023 and since then he is in custody. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 30.7.2019 passed in Cr. Misc. No. 17854 of 2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM, 4th, (West ), Muzaffarpur in connection with Saraiya P.S. Case No. 493 of 2018.

(Sunil Kumar Panwar, J) sushma/- U