Vijay Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65884 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Vijay Bhagat Son Of Ram Bilas Bhagat @ Ram Vilash Bhagat Resident Of Village- Imambari, Ps- Laheriasarai, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Iqbal Asif Niazi For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-12-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Darbhanga Town P.S. Case No. 39 of 2022 registered for the offence under Sections 147, 149, 341, 323, 325, 327, 285, 288, 307, 354 and 436 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is said to be a member of the mob who killed the deceased.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of the confessional statement of one Chootu Kumar Singh.

6. It has further been submitted by the learned counsel for the petitioner that the petitioner is not identified in the CCTV footage and there is no allegation of tampering with the evidence.

Patna High Court CR. MISC. No.65884 of 2023(3) dt.06-12-2023 2/2

7. Learned counsel for the petitioner also submits that the petitioner is in custody since 14.02.2022.

8. Learned A.P.P. has vehemently opposed the prayer for bail by contending that the trial has already started and out of 12 charge-sheeted witness, 8 charge-sheeted witnesses have already been examined and the petitioner may not be granted bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, I, Darbhanga in connection with Darbhanga Town P.S. Case No. 39 of 2022.

11. As a condition of this order, the petitioner is directed to co-operate in the trial by appearing in the trial Court on each and every dates fixed, either personally or through his lawyer. Any failure to appear in the Court below, even for one date will result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Vikas/- U T